CHRISTOPHER GOODMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2001-12-19
No. 4D01-46
KLEIN and SHAHOOD, JJ., concur.
801 So. 2d 1012 Florida District Court of Appeal, Fourth District (2001) Positive Treatment
Cited by 14 cases

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Holding

The court held that a prosecutor's comment during closing argument, stating defense counsel was trying to put words in the officer's mouth, was not improper argument. However, convictions for both resisting arrest with violence and resisting arrest without violence arising from a single continuous episode violate double jeopardy.


Headnotes

[1] A trial court has discretion in controlling comments made by counsel during closing arguments, and such rulings will not be disturbed on appeal absent an abuse of discret…

[2] A prosecutor's closing argument comment that defense counsel was attempting to put words in a witness's mouth, when the jury is instructed to rely on its own recollection…

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Facts & Procedural History

Defendant was convicted of resisting arrest with violence and resisting arrest without violence. The State's case relied solely on the arresting offic…

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Opinion of the Court
POLEN, C.J.

POLEN, C.J.

Christopher Goodman appeals his convictions for resisting arrest with violence and resisting arrest without violence. We affirm the resisting with violence conviction, but reverse the resisting arrest without violence conviction on double jeopardy grounds.

Goodman contends the trial court committed reversible error in failing to sustain his objection made during the State’s closing argument, and seeks a new trial. We disagree, and thus decline his request to grant a new trial. The control of counsel’s comments made in closing arguments falls within the discretion of the trial court, and rulings should not be disturbed on appeal absent an abuse of discretion. Durocher v. State, 596 So. 2d 997 (Fla.1992); see also Moore v. State, 701 So. 2d 545 (Fla.1997) (noting generally wide latitude is permitted during closing arguments).

At trial, the State’s entire case consisted of the testimony of the arresting officer/alleged victim, Detective Andrew Pallin. Detective Pallin testified that he first noted Goodman when the vehicle he was driving ran a stop sign. Pallin ran a record check on the vehicle, which turned out to be stolen. Immediately thereafter, Goodman pulled into a parking lot where he exited the vehicle. Pallin proceeded to exit his marked vehicle, whereby he attempted to contact and detain Goodman. Goodman immediately took flight, and Pal-lin pursued.

Pallin chased Goodman to a fence which he attempted to climb over. Pallin grabbed him in an attempt to take him to the ground. Goodman grabbed a hold of Pal-lin, causing both of them to fall down together into a pile of shrubs. While on the ground, Goodman began striking him with his elbows in a backwards motion. Eventually, Pallin was able to gain control of Goodman and hold him to his chest. Soon thereafter, Pallin’s partner arrived and assisted in handcuffing Goodman.

On cross-examination, Goodman’s counsel attempted at length to point out alleged inconsistencies between Pallin’s in-court testimony and a prior deposition. Pallin held fast to his story, at one point stating that counsel had been trying to “put words in [his] mouth.” After Pallin’s testimony, the State rested. Goodman did not present any evidence.

Goodman’s counsel argued first in closing, where he continued to argue that Pal-lin’s testimony had been “unclear,” insinuating at times that the detective’s memory was faded and skewed. In its closing argument, the prosecutor focused on reiterating Pallin’s testimony:

And ask yourself where was the confusion in the testimony.... And rely on your own recollection. Don’t take my word for it. Take the Detective’s words. The words that were not clear, was what Mr. Sale (defense counsel) was trying to put in his mouth.

Goodman objected, on the grounds that the last comment constituted improper argument. The objection was overruled.

We agree with the trial court’s ruling and find the single objected-to comment did not constitute improper argument. See DeJesus v. State, 684 So. 2d 875, 876 (Fla. 3d DCA 1996)(finding no error where prosecutor argued defense was “attacking the credibility of witnesses, because they don’t have the facts, and they don’t have the law”); cf. Barnes v. State, 743 So. 2d 1105, 1106 (Fla. 4th DCA 1999) (holding prosecutor improperly personally attacked defense counsel where he referred to testimony of former defense counsel as “the mercenary actions of a hired gun”). We note the prosecutor stated the jury should rely on its own recollection of Detective Pallin’s testimony, and in no way indulged in improperly bolstering his testimony. See Reyes v. State, 700 So. 2d 458, 461 (Fla. 4th DCA 1997) (finding no improper bolstering where prosecutor asked the jury to evaluate the witness’ credibility, and told the jurors to ask themselves what motive the officer would have to deceive them); see also Bertolotti v. State, 476 So. 2d 130 (Fla.1985) (noting the proper exercise of closing argument is to review the evidence and to explicate the inferences which may reasonably be drawn from the evidence); cf. Williams v. State, 673 So. 2d 974 (Fla. 1st DCA 1996) (holding prosecutor’s closing remarks were erroneous where they clearly were calculated to impress upon the jury that it must believe the police officers because they were police officers).

We find the trial court did not abuse its discretion in failing to sustain Goodman’s objection, and accordingly affirm his conviction for resisting arrest with violence.

We further hold that a defendant cannot be convicted for both resisting arrest with violence and resisting arrest without violence arising out of a continuous single episode. Preston v. State, 785 So. 2d 713 (Fla. 4th DCA 2001) (violates double jeopardy). We therefore remand to the circuit court, with directions to vacate Goodman’s conviction for resisting arrest without violence.

KLEIN and SHAHOOD, JJ., concur.


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Citator

Cited By

  • Desmond Swilley v. State, 845 So. 2d 930 (Fla. 5th DCA 2003)
    …based upon his ongoing attempts to avoid arrest they violate the defendant’s double jeopardy rights. Accordingly, the defendant’s conviction and sentence on the misdemeanor charge of resisting without violence must be reversed. See Goodman v. State, 801 So. 2d 1012 (Fla. 4th DCA 2001)(holding that defendant could not be convicted of both resisting arrest with violence and resisting arrest without violence arising out of continuous single episode involving the defendant’s attempt to avoid one arresting officer,…
  • Williams v. State, 959 So. 2d 790 (Fla. 2d DCA 2007)
    …cers does not, by itself, transform a single continuous resistance into separate criminal episodes merely because the defendant’s flight resulted in his arrest at a different location from where the detention originated. See, e.g., Goodman v. State, 801 So. 2d 1012 (Fla. 4th DCA 2001) (holding that a defendant, who initially ran from officers who were attempting to detain him and who, when caught after a chase, elbowed the officers who were trying to handcuff him, could not be convicted of both resisting with…
  • R.J.R. v. State, 88 So. 3d 264 (Fla. 1st DCA 2012)
    …. 4th DCA 2009) (holding that a juvenile could not be adjudicated delinquent without a violation of double jeopardy for both resisting arrest with violence and resisting arrest without violence arising out of a continuous episode); Goodman v. State, 801 So. 2d 1012, 1014 (Fla. 4th DCA 2001) (holding that a defendant could not be convicted of both resisting arrest with violence and resisting arrest without violence arising out of a continuous single episode); Madison v. State, 777 So. 2d 1175, 1176 (Fla. 5th DC…

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