DWAYNE A. JACKSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2002-12-18
No. 3D01-385
Before SCHWARTZ, C.J., and COPE and GODERICH, JJ.
832 So. 2d 885 Florida District Court of Appeal, Third District (2002) Positive Treatment
Cited by 4 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

Dwayne Jackson appeals his burglary conviction, arguing the trial court abused its discretion by denying his motion to reopen his case after the court ruled his prior felony convictions could be used to impeach him. The appellate court reverses and remands, holding that the trial court's denial was an abuse of discretion.


Holding

Yes, the trial court abused its discretion in denying Jackson's motion to reopen his case. Under the test established in Donaldson v. State, when a case is not technically closed, the motion is timely, and a proper showing is made for why evidence was omitted, denial of the motion to reopen is reversible error.


Headnotes

[1] A trial court abuses its discretion by denying a defendant's motion to reopen their case when the case is not technically closed, the motion is timely, and a proper showi…

[2] A defendant's motion to reopen their case is considered timely if made immediately after a ruling that impacts the defendant's decision to present evidence.

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Key Quotes

“Where the case is not technically closed (i.e., counsel have not begun closing argument and the case has not been submitted to the jury), the denial of a defendant's motion to reopen the case will be reversed if the motion was timely and a proper showing has been made as to why the evidence was omitted.”

Establishes the three-part test from Donaldson for when denial of a motion to reopen is reversible error

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Facts & Procedural History

Jackson announced he would not present a defense case. The trial court ruled that Jackson's prior felony convictions were admissible under Florida Sta…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant, Dwayne A. Jackson, appeals from his judgment of conviction and sentence for burglary of an occupied dwelling. We reverse and remand for further proceedings.

After the defense announced that it would not present a case, the trial court ruled that the defendant could be impeached with his prior felony convictions pursuant to section 90.806, Florida Statutes. Immediately thereafter, defense counsel moved to reopen the case. He attempted to explain to the trial court that the defendant’s initial decision not to testify was based on his desire that the jury not learn of his prior convictions but that now that the jury would learn of his prior convictions, his reason for not testifying was moot. The trial court denied the motion to reopen the case stating, “We’re going to finish it my way today. The answer is no.” Defense counsel’s motion for mistrial was denied, and the jury ultimately learned that the defendant had been convicted of numerous felonies.

The defendant contends that the trial court abused its discretion by not allowing him to reopen his case. We agree.

A trial court’s decision to reopen a case lies within its sound discretion and will not be disturbed on appeal absent an abuse of discretion. See Donaldson v. State, 722 So. 2d 177, 181 (Fla.1998); Biggs v. State, 745 So. 2d 1051, 1053 (Fla. 3d DCA 1999). In Donaldson, the Florida Supreme Court explained the circumstances where the denial of a defendant’s motion to reopen his case would be subject to reversal on appeal. The Court held:

Where the case is not technically closed (i.e., counsel have not begun closing argument and the case has not been submitted to the jury), the denial of a defendant’s motion to reopen the case will be reversed if the motion was timely and a proper showing has been made as to why the evidence was omitted.

Donaldson, 722 So. 2d at 181 (citations omitted).

In applying the test set forth in Donaldson, it is clear that the trial court abused its discretion in denying the defendant’s motion to reopen his case. First, the case was not “technically closed” because closing argument had not yet begun. Second, the motion was timely because defense counsel moved to reopen the case immediately after the trial court ruled that the defendant’s prior convictions were admissible. Finally, defense counsel made a proper showing as to why the evidence had been omitted when he explained to the trial court why the defendant had initially decided not to testify.1

As a result of our disposition of the above issue, we do not address the remaining points raised by the defendant.

Reversed and remand for further proceedings.

. We recognize that trial courts are confronted with heavy case loads and that they strive for the expeditious resolution of matters; however, we would like to note, that a trial court's decision to deny a motion to reopen a case should not be based on its desire to "finish . . . it today.”


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Citator

Cited By

  • D.W. v. State, 40 So. 3d 782 (Fla. 3d DCA 2010)
    …ends of justice may best be served by the admission of crucial evidence, it is an abuse of the trial court’s discretion to deny the introduction of such evidence.” State v. Ellis, 491 So. 2d 1296, 1297 (Fla. 3d DCA 1986); see also Jackson v. State, 832 So. 2d 885, 886 (Fla. 3d DCA 2002). The additional evidence in this case (in the form of judicial notice) was properly admitted. D.W. also suggests that the trial court unintentionally gave an appearance of partiality by locating the pickup order and advising…
  • Gibson v. State, 199 So. 3d 1063 (Fla. 4th DCA 2016)
    …h a reasonable explanation to justify reopening his case. Appellate courts have reversed the denial of a defendant’s motion to reopen his case where the motion was timely and a proper showing made for the request. For instance, in Jackson v. State, 832 So. 2d 885 (Fla. 3d DCA 2002), the Third District held that the trial court abused its discretion by not allowing the defendant, who had decided not to testify, to reopen his case. The court noted that the defendant’s request was timely because closing argumen…

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