JORGE ORTEGA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1998-10-23
No. 96-02775
FULMER and CASANUEVA, JJ., concur.
721 So. 2d 350 Florida District Court of Appeal, Second District (1998) Negative Treatment
Cited by 8 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Jorge Ortega was convicted of conspiracy to traffic in cocaine based on evidence that he agreed to locate drugs for a police informant. The appellate court affirmed the denial of Ortega's motion to suppress his videotaped police statement, but reversed and remanded for a new trial because the trial court improperly allowed a law enforcement officer involved in the case to translate Ortega's Spanish-language statements for the jury rather than using an impartial, sworn interpreter.


Holding

The court affirmed the denial of the suppression motion but reversed and remanded for a new trial because it was error to allow Detective Formosa, a law enforcement officer involved in the case and not sworn under the interpreter's oath, to translate Ortega's Spanish-language statements for the jury.


Headnotes

[1] A law enforcement officer involved in a case lacks the appearance of impartiality required of an interpreter.

[2] An interpreter or translator must be qualified and impartial.

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Key Quotes

“the translator should be qualified and impartial”

Establishes the standard for proper interpreter conduct in judicial proceedings

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Facts & Procedural History

Ortega was investigated for conspiracy to traffic cocaine after agreeing to locate drugs for Arturo Paz, a police informant under investigation. No dr…

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Opinion of the Court
BLUE, Acting Chief Judge.

BLUE, Acting Chief Judge.

Jorge Ortega appeals his conviction for conspiracy to traffic in cocaine and argues that error occurred when the trial court denied his motion to suppress a videotaped statement he gave to the police and when the trial court allowed one of the law enforcement officers to translate the Spanish portions of this statement for the jury. We find no error in the suppression order and affirm on that issue. We agree, however, that error occurred with regard to the officer’s translation of the statements. Accordingly, we reverse and remand for a new trial.

This case involved no exchange of drugs or money. Instead, the State offered evidence showing that Ortega agreed to try to locate drugs for Arturo Paz, who was under investigation by the police and who acted as an agent for the police after his arrest. Paz testified to conversations he had where Ortega agreed to make calls to locate drugs for him. According to Ortega, he was only joking but did not want to act disrespectful to Paz, who was his elder. The State’s evidence in this case included a videotaped statement Ortega gave to the police. Detective Balder-stone conducted the interview in English and Ortega’s statements were partly in English and partly in Spanish. Detective Formosa acted as interpreter for the other detective but translated Ortega’s statements in sum mary fashion; he did not provide a literal translation on the videotape.

In a pretrial motion, defense counsel asked the court to have the videotape translated by a properly qualified and sworn translator. The trial court denied the motion and also denied the defense objection when the testimony was introduced at trial. The videotape was played for the jury and, in response to the State’s questions, Detective Formosa was allowed to provide a more expansive translation than the one he gave Detective Balder-stone during the interview. When Ortega testified, he stated that Detective Formosa did not accurately translate everything on the videotape. The State objected to Ortega’s testimony and the trial court sustained the State’s objection. Ortega did not further discuss the detective’s translation.

Ortega argues that the trial court erred in overruling his objections and allowing Detective Formosa to translate the videotaped statements. We agree and see several problems with the procedure used below. First, Detective Formosa was involved in the ease and therefore lacked at least the appearance of impartiality that one would expect of an interpreter. While the appointment of a translator is generally a matter for the trial court’s discretion, the translator should be qualified and impartial. See Balderrama v. State, 433 So. 2d 1311 (Fla. 2d DCA 1983) (reversing denial of postconvietion relief when defendant was denied competent and impartial interpreter at change of plea hearing). Second, while Detective Formosa took the oath for a witness, he was not required to take the oath set forth for interpreters and translators under section 90.606, Florida Statutes (1995).

In Hutchens v. State, 469 So. 2d 924 (Fla. 3d DCA 1985), the Third District held that it was error to publish to the jury a forty-minute tape recording in Spanish “without having such recording translated into English for the jurors by an interpreter sworn to give a faithful and accurate translation, despite the defendant’s clear, but overruled, request that he do so.” 469 So. 2d at 925 (citation omitted). Based on our review of this matter, we likewise conclude that it was error for the trial court to allow a law enforcement officer to translate, over objection, Ortega’s videotaped statements in Spanish. Accordingly, we reverse and remand for a new trial.

Reversed and remanded.

FULMER and CASANUEVA, JJ., concur.


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Citator

Cited By

  • Alejandoro Gopar-Santana v. State, 862 So. 2d 54 (Fla. 2d DCA 2003)
    …would have been happening. A trial court’s decision to allow for the use of an interpreter is generally a discretionary matter; however, a trial court abuses its discretion if the interpreter is not qualified, sworn, and impartial. Ortega v. State, 721 So. 2d 350, 351 (Fla. 2d DCA 1998); see also § 90.606(1)(a), (2), Fla. Stat. (2001) (requiring an interpreter to be “duly qualified” and sworn and providing that the interpreter will be subject to the rules of evidence relating to witnesses). Not only was Dete…
  • Lopez v. State, 153 So. 3d 927 (Fla. 2d DCA 2014)
    …ed the documents. Although the procedural safeguards used here were somewhat similar to those used in Fernandez, it is important to explain that the witness in Fernandez was not one of the police officers investigating the case. In Ortega v. State, 721 So. 2d 350, 351 (Fla. 2d DCA 1998), this court held that a police officer should not be allowed to translate a defendant’s statements. In that case, the officer apparently provided a summarized translation on a videotape as the defendant was providing his stat…
  • Guerra v. State, 53 So. 3d 1185 (Fla. 4th DCA 2011)
    …*1186] showing him and a co-defendant conversing in Spanish in an interrogation room, and allowing a deputy, who observed the conversation, to provide a translated account of the conversation for the jury. He relies on cases such as Ortega v. State, 721 So. 2d 350, 351 (Fla. 2d DCA 1998), which held that a trial court erred when it allowed a detective to translate a defendant’s videotaped statements for a jury. The state responds that the defendant did not preserve these arguments for review. We agree with th…

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