REINALDO DIAZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the appellant's convictions for home invasion robbery. The court addressed the appellant's contention that he was misidentified, specifically regarding the trial court's refusal to allow defense counsel to show a victim a photograph of another suspect during trial.
The appellate court affirmed the conviction, finding that the trial court's ruling could not be evaluated because the defense did not proffer the photograph to the witness outside the jury's presence, thus preventing a determination of the witness's response and the ruling's impact.
[1] A trial court may deny a defense request to show a witness a photograph of another individual if there is an insufficient basis to offer the photograph as reverse William…
[2] A trial court's ruling on an in-court eyewitness identification procedure cannot be evaluated without knowing the witness's response to the proposed identification.
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“Defense counsel hoped to “get lucky” and have the witness identify the former officer as the person who robbed her.”
Explains the defense's strategic goal in seeking to introduce the photograph of another suspect.
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Join FLexlaw to unlock all legal intelligenceReinaldo Diaz was convicted of home invasion robbery based on victim identification from a photo line-up. During the trial, defense counsel attempted …
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PER CURIAM.
Reinaldo Diaz appeals five convictions arising out of a home invasion robbery. The victims picked Diaz out of a photo line-up.
We affirm and write to address one issue. Diaz contended that he had been misidentified.
At trial, defense counsel sought to show one of the victims a photograph of another person to see if the victim would identify that person as the robber. The victim had not previously been shown the photograph. Defense counsel explained that Diaz and a co-defendant were suspects in similar robberies in Dade County. Concerning those robberies, the Miami Dade Police Department had issued a press release with photographs of another suspect, a fired Hialeah police officer. Defense counsel hoped to “get lucky” and have the witness identify the former officer as the person who robbed her.
The trial court examined the former officer’s photograph and observed that there was a resemblance between the former officer and Diaz.
The trial court denied the defense request to show the photograph to the victim.
There was an insufficient basis to offer the photograph as reverse Williams1 rule evidence. But cf. Edwards v. State, 857 So. 2d 911 (Fla. 3d DCA 2003).
We do not reach the issue of whether the trial court abused its discretion in refusing to allow an in-court eyewitness identification procedure. See U.S. v. Domina, 784 F. 2d 1361, 1369 (9th Cir.1986); U.S. v. Bennett, 675 F. 2d 596, 598 (4th Cir.1982); State v. Smith, 200 Conn. 465, 512 A. 2d 189, 194 (1986); Commonwealth v. Jones, 362 Mass. 497, 287 N.E. 2d 599, 602 (1972).
Defense counsel did not request to proffer the photograph to the witness outside the presence of the jury. Compare Rozier v. State, 636 So. 2d 1386, 1387-88 (Fla. 4th DCA 1994); Banks v. State, 648 So. 2d 766 (Fla. 1st DCA 1994); Kembro v. State, 346 So. 2d 1083 (Fla. 1st DCA 1977).
Without knowing the witness’s response to the photograph, we cannot evaluate the trial court’s ruling.
Affirmed.
WARNER, GROSS and TAYLOR, JJ, concur. . See Williams v. State, 110 So. 2d 654 (Fla. 1959).
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Cited By
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Rodriguez v. State, 43 So. 3d 90 (Fla. 4th DCA 2010)…sar, and the alleged physical similarities between the appellant and Cesar. The decision to admit or exclude evidence, as well as the admission of eyewitness identification evidence, is reviewed by this court for abuse of discretion. Diaz v. State, 961 So. 2d 381, 382 (Fla. 4th DCA 2007); Eliakim v. State, 884 So. 2d 57, 60 (Fla. 4th DCA 2004). In this case, both witnesses Saintus and Ilarraza testified that the photograph of [*93] Cesar did not resemble the appellant. The appellant did not proffer the phot…
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Diaz v. Dixon (S.D. Fla. 2024)…unsel's request to admit the photograph. (Id. at 227:2.) Petitioner filed a direct appeal, and the Fourth District Court of Appeal ("Fourth DCA") affirmed Petitioner's convictions and sentences in a written opinion on August 1, 2007. Diaz v. State, 961 So. 2d 381 (Fla. 4th DCA 2007). On April 21, 2009, Petitioner filed a pro se motion for post-conviction relief pursuant to Fla. R. Crim. P. 3.850. (Resp't Ex. 39, ECF No. 19-2 at 2-22.) It was denied by the trial court on May 20, 2011, following an evidentiar…
Authorities Cited
- Williams v. State, 110 So. 2d 654 (Fla. 1959)
- United States v. Domina, 784 F.2d 1361 (9th Cir. 1986)
- Tavoris A. Rozier v. State, 636 So. 2d 1386 (Fla. 4th DCA 1994)
- Butt v. Grey, 346 So. 2d 1083 (Fla. 1st DCA 1977)
- United States v. Bennett, 675 F.2d 596 (4th Cir. 1982)
- Jelani Edwards v. State, 857 So. 2d 911 (Fla. 3d DCA 2003)
- William Earl Banks v. State, 648 So. 2d 766 (Fla. 1st DCA 1994)