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

Fla. 4th DCA | 2005-06-29
No. 4D03-3100
STEVENSON and GROSS, JJ., concur.
905 So. 2d 989 Florida District Court of Appeal, Fourth District (2005) 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

Christopher Florence was convicted of aggravated battery in a shooting. The Fourth District Court of Appeal reversed his conviction because the trial court erroneously admitted hearsay testimony from a detective that two non-testifying witnesses had given statements corroborating the victim's identification of Florence as the shooter, violating the defendant's right to confront witnesses.


Holding

The admission of evidence that non-testifying witnesses gave statements corroborating the testimony of the victim was error. The trial court violated the defendant's right to confront witnesses by allowing the detective to testify about what the non-testifying witnesses had told her, from which the jury could infer guilt.


Headnotes

[1] Testimony from a detective that non-testifying witnesses corroborated the victim's statement is inadmissible hearsay when it bolsters the victim's testimony and allows th…

[2] The admission of evidence that non-testifying witnesses provided statements corroborating the testimony of a testifying victim constitutes error.

Previewing 2 of 3 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

Key Quotes

“the information she received 'from the two witnesses appeared to corroborate the statement that [she] got from Mr. Ellis.'”

The detective's testimony that bolstered the victim's identification by referencing corroborating statements from non-testifying witnesses, which constituted inadmissible hearsay.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Florence was charged with aggravated battery in the shooting of Dannie Ellis. Ellis was the only witness who testified at trial, although his cousin Q…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
SHAHOOD, J.

SHAHOOD, J.

Appellant was found guilty of aggravated battery in the shooting of Dannie Ellis (Ellis). Ellis was the only witness to testify about the incident even though his cousin, Quaavon Ellis (Quaavon), had been with him that night. There was no physical evidence recovered at the scene. Despite Ellis’ testimony that he had known appellant for approximately four years and his identification of appellant as the shooter, appellant’s defense was misidentification. Based on pending criminal charges against Ellis for an unrelated crime, defense counsel suggested that Ellis was motivated to testify favorably for the state in this case in exchange for a favorable result in his own case.

During the testimony of the detective who investigated the incident, the prosecutor asked whether any other witnesses were questioned. The detective stated that she spoke with one friend and one relative (Quaavon) of the victim and that the information she received “from the two witnesses appeared to corroborate the statement that [she] got from Mr. Ellis.” Appellant objected on hearsay grounds, which objection was overruled. This was error. Ellis’ testimony was that appellant was the shooter.

Thus, the detective’s testimony concerning hearsay statements of two non-testifying witnesses certainly bolstered Ellis’ testimony. From that evidence, the jury could have inferred that the witnesses gave the officer information suggesting appellant’s guilt. See, e.g., Shaffer v. State, 619 So. 2d 409 (Fla. 4th DCA 1993)(holding that it was error to allow the police officer to testify that a non-testifying store clerk positively identified appellant in a show-up). This court stated in Schaffer v. State, 769 So. 2d 496, 499 (Fla. 4th DCA 2000), that even if the actual statement made by the non-testifying witness is not repeated, references to the statement are inadmissible if the “inescapable inference ... is that a non-testifying witness has furnished the police with evidence of the defendant’s guilt.” The court held that it was error for the trial court to admit a police officer’s testimony that after speaking with a confidential informant who told him that he set up a buy/bust transaction with the defendant, the officers drove to a particular lot, waited for the defendant in a specific automobile, and arrested him. Id.

Based on Schaffer and Shaffer, we hold that the admission of evidence that non-testifying witnesses gave statements corroborating the testimony of the victim was error. Accordingly, we reverse appellant’s conviction and remand for a new trial. We affirm the trial court rulings on all other issues raised by appellant.

Reversed and Remanded foe a new TRIAL.

STEVENSON and GROSS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Holborough v. State, 103 So. 3d 221 (Fla. 4th DCA 2012)
    …ade by the non-testifying witness is not repeated, references to the statement are inadmissible if the ‘inescapable inference ... is that a non-testifying witness has furnished the police with evidence of the defendant’s guilt.’ ” Florence v. State, 905 So. 2d 989, 990 (Fla. 4th DCA 2005) (quoting Schaffer v. State, 769 So. 2d 496, 499 (Fla. 4th DCA 2000)); accord Cedillo v. State, 949 So. 2d 339, 341 (Fla. 4th DCA 2007); Torres v. State, 870 So. 2d 149, 150 (Fla. 2d DCA 2004); Diaz v. State, 62 So. 3d 1216,…
  • Clarke v. State, 976 So. 2d 1184 (Fla. 5th DCA 2008)
    …stimony is that a non-testifying witness has made an out-of-court statement offered to prove the defendant’s guilt, the testimony is not admissible.’ ” [*1186] (quoting Schaffer v. State, 769 So. 2d 496, 498 (Fla. 4th DCA 2000))); Florence v. State, 905 So. 2d 989, 990 (Fla. 4th DCA 2005) (“[E]ven if the actual statement made by the non-testifying witness is not repeated, references to the statement are inadmissible if the ‘inescapable inference ... is that a non-testifying witness has furnished the police wi…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw