STATE OF FLORIDA, APPELLANT,
v.
DEREK D. CURRY, APPELLEE
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The State appeals a trial court order excluding similar fact evidence of a prior robbery to prove the defendant's identity in a charged robbery. The appellate court reverses, holding that the cumulative effect of similarities between the robberies demonstrated a sufficiently unique pattern of criminal activity to make the evidence admissible under the Williams Rule.
The court held that when the cumulative effect of similarities between collateral and charged offenses demonstrates a unique pattern of criminal activity, such evidence is admissible to prove identity under the Williams Rule, and the trial court's exclusion based on undue prejudice was improper where the trial court retained authority to prevent such evidence from becoming the main feature of the trial.
[1] Similar fact evidence is admissible to prove identity when the perpetrator's modus operandi is so unique or particularly unusual that the collateral crime evidence tends…
[2] The unique or unusual nature of a perpetrator's modus operandi can be established by considering common points between collateral and charged offenses individually or in…
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Join FLexlaw to unlock all legal intelligence“In order for collateral crimes to be admissible to prove identity, there must be something so unique or particularly unusual about the perpetrator or his modus operandi that the introduction of the collateral crime evidence would tend to establish that he committed the crime charged.”
Establishes the foundational test for admitting similar fact evidence to prove identity
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Join FLexlaw to unlock all legal intelligenceThe defendant was charged with a robbery. The State sought to introduce evidence of a prior robbery to establish the defendant's identity as the perpe…
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PER CURIAM.
The State seeks certiorari review of the trial court’s interlocutory order granting the defendant’s motion in limine excluding similar fact evidence pursuant to the Williams Rule.1 Specifically, the State sought to prove the defendant’s identity in the robbery for which the defendant is currently charged by offering into evidence similar facts concerning a prior robbery.
In order for collateral crimes to be admissible to prove identity, there must be something so unique or particularly unusual about the perpetrator or his modus op-erandi that the introduction of the collateral crime evidence would tend to establish that he committed the crime charged. Black v. State, 630 So. 2d 609, 617 (Fla. 1st DCA 1993). The common points between the collateral and charged offenses can be sufficiently unique when considered individually or when considered in conjunction with each other, thus establishing a pattern of criminal activity, to be relevant to prove identity. Id. at 618.
In this case, since the cumulative effect of the similarities between the two robberies demonstrate a unique pattern of criminal activity and the dissimilarities are inconsequential, the trial court erred in excluding evidence of the collateral crime. Also, the trial court improperly ruled that such evidence would be unduly prejudicial because it would become the main feature of the trial, where it’s within the trial court’s authority to prevent such an occurrence. State v. Maisto, 427 So. 2d 1120, 1122 (Fla. 3d DCA 1983); Perry v. State, 718 So. 2d 1258, 1259 (Fla. 1st DCA 1998).
Accordingly, this court reverses the trial court’s order granting the defendant’s motion in limine.
REVERSED and REMANDED.
WOLF, VAN NORTWICK and POLSTON, JJ., concur. . See Williams v. State, 110 So. 2d 654 (Fla.1959).
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Citator
Authorities Cited
- Williams v. State, 110 So. 2d 654 (Fla. 1959)
- Black v. State, 630 So. 2d 609 (Fla. 1st DCA 1993)
- State v. Maisto, 427 So. 2d 1120 (Fla. 3d DCA 1983)
- Perry v. State, 718 So. 2d 1258 (Fla. 1st DCA 1998)