LEONARD J. SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Leonard Smith was convicted by jury of throwing a deadly missile into an occupied building after throwing a rock at a window at a youth development center. The appellate court reversed, holding that the trial court erred by excluding testimony that would have impeached key state witnesses regarding their potential bias and motive to fabricate evidence.
The trial court abused its discretion in excluding the proffered impeachment evidence regarding the witnesses' potential motive to exaggerate or fabricate their testimony, and the exclusion was not harmless error. The conviction is reversed and the case remanded for a new trial.
[1] A trial court abuses its discretion by excluding relevant impeachment evidence that is crucial to a defendant's defense.
[2] Evidence tending to show bias or prejudice of a state's witness is admissible for impeachment purposes.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We hold that the trial court abused its discretion in failing to allow appellant to present testimony concerning alleged prejudice and bias of two of the state's key witnesses. We cannot agree with the state that this error was harmless.”
Establishes the core holding that excluding impeachment evidence regarding witness bias was reversible error
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Join FLexlaw to unlock all legal intelligenceSmith was a program participant at the Eckerd Youth Development Center when he became unruly during a supervised group activity. After being threatene…
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STEVENSON, Judge.
Appellant, Leonard Smith, appeals the conviction and sentence imposed after he was tried by jury and found guilty of throwing a deadly missile or stone into an occupied building in violation of section 790.19, Florida Statutes (1993). We agree with appellant that the trial court erred by excluding impeachment evidence that was relevant to his defense. We therefore reverse the conviction and remand for a new trial.
The offense took place at the Eckerd Youth Development Center where appellant was a program participant. Homer Hayes, a juvenile counselor at Eckerd, testified that he was supervising appellant and a group of about thirty two other boys while waiting for transportation to lunch. Appellant became unruly and security personnel threatened to send appellant to disciplinary confinement. Homer testified that appellant stated that “If I’m going to D.C., I’m going to do something to go to D.C. for.” According to Homer, appellant then picked up a rock and threw it toward the window where Diane Boyer, a disciplinary specialist, was sitting in a nearby office. A state witness testified that just before throwing the rock, appellant said, “I’m going to F_ this bitch up.” The rock hit the window; however, because it was plexiglass, the window did not break.
The testimony of Terry Kennedy, another Eckerd employee, was substantially the same as Hayes’ testimony. Kennedy stated that he heard appellant say that he was going to “get” someone and that he saw appellant throw the rock toward the building. Diane Boyer, the person seated behind the window, testified that she saw appellant running around outside, that she saw him raise his hand back, and that the next thing she knew, she heard something loud hit the window. Appellant testified in his own behalf and denied making the statement that Homer attributed to him. Appellant admitted throwing the rock, but stated that he did not throw it hard and that he threw it “by” the door, not at the window. He testified that he threw the rock “to get the stress off my mind.” Appellant attempted to testify about the events which took place immediately after he was detained by Homer and Kennedy but the state objected on relevancy grounds. Appellant’s counsel offered the trial judge the following proffer:
Judge, he will testify that when they got him to D.C. [disciplinary confinement] they boxed his ears around, and when he threatened to tell somebody about this they went ahead and called the police and charged him with this offense.... The theory that we’re showing here is that this was the result of what he threatened to do, and that he was going to get these people in trouble because they’re not allowed to touch a client out there.
The trial court sustained the state’s objection.
We hold that the trial court abused its discretion in failing to allow appellant to present testimony concerning alleged prejudice and bias of two of the state’s key witnesses. We cannot agree with the state that this error was harmless. The proposed testimony went to possible motive the witnesses may have had to exaggerate or even completely fabricate their testimony. A conviction under section 790.19 requires that the perpetrator act “wantonly” or “maliciously” in throwing the projectile toward an occupied or unoccupied building. In other words, the evidence must show that the defendant threw the rock with reckless indifference to the consequences or with knowledge that damage to person or property was likely to occur. Fla. Std. Jury Instr. (Crim.) p. 109.
The juvenile counselors’ testimony honed in on appellant’s alleged threatening remarks toward Diane Boyer just prior to hurling the rock. Had the jury disbelieved that testimony, they might have come to a different conclusion as to whether the rock was thrown with reckless indifference to the consequences or with knowledge that damage to person or property was likely to result, especially since appellant testified that he did not throw the rock very hard and that he threw the rock “by” or “toward” the door and not at the window. In this case, the rigorous harmless error standard of State v. DiGuilio, 491 So. 2d 1129 (Fla.1986), has not been satisfied.
Our reversal of appellant’s conviction renders the issues concerning the conditions of his probation moot.
REVERSED AND REMANDED FOR A NEW TRIAL.
DELL and GROSS, JJ., concur.
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State v. Kettell, 980 So. 2d 1061 (Fla. 2008)…he defendant knew either (2) “that damage is likely to be done to some person” (for acting “wantonly”) or that injury or damage will or may be caused to another person or the property of another person (for acting “maliciously”). See Smith v. State, 679 So. 2d 30, 31 (Fla. 4th DCA 1996) (“A conviction under section 790.19 requires that the perpetrator act ‘wantonly’ or ‘maliciously’ in throwing the projectile toward an occupied or unoccupied building. In other words, the evidence must show that the defendant…
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Mitchell v. State, 862 So. 2d 908 (Fla. 4th DCA 2003)…oved of Robinson’s relationship with Mitchell is not relevant to the crime charged, it may very well [*913] be relevant to the issue of his bias towards Mitchell and any motivation he may have had to concoct his testimony. See, e.g., Smith v. State, 679 So. 2d 30 (Fla. 4th DCA 1996) (holding that it was error not to allow juvenile to present testimony concerning alleged prejudice and bias of two of the State’s key witnesses. The error was not harmless because it “went to possible motive the witnesses may hav…
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Authorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)