RICHARD MYSHRALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed Myshrall's conviction for criminal conspiracy to commit bank robbery because the state failed to present evidence independent of his confession establishing the corpus delicti of the conspiracy.
A conspiracy conviction must be reversed when the state presents no evidence independent of the defendant's confession establishing the corpus delicti of conspiracy.
[1] Admissions or confessions of a defendant may not be admitted in evidence absent independently established corpus delicti of the crime charged.
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Join FLexlaw to unlock all legal intelligence“[I]n order to establish the corpus delicti of conspiracy, the state must present substantial evidence that the defendant and a coconspirator agreed to commit a crime and that the defendant intended to commit the offense.”
Standard for establishing corpus delicti of conspiracy, citing Baxter v. State.
Myshrall was convicted of criminal conspiracy to commit bank robbery based on testimony at trial and his statement to police.…
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Richard Myshrall timely appeals his judgment of conviction and sentence for criminal conspiracy to commit bank i’ob-bery. “[I]n order to establish the coi"pus delicti of conspiracy, the state must present substantial evidence that the defendant and a coconspirator agreed to commit a crime and that the defendant intended to commit the offense.” Baxter v. State, 586 So.2d 1196, 1199 (Fla. 2d DCA 1991). “Admissions or confessions of a defendant may not be admitted in evidence absent independently established corpus delicti.” Chaparro v. State, 873 So.2d 631, 633 (Fla. 2d DCA 2004) (citing Burks v. State, 613 So.2d 441, 444 (Fla.1993)). Based on the testimony presented at trial, we find that there was no evidence introduced which would allow for the conclusion that a corpus delicti of conspiracy to commit bank robbery existed so as to permit the admittance of Myshrall’s statement to the police. As such, we find the trial court should have granted Myshrall’s motion for judgment of acquittal as to the conspiracy charge, and we must reverse the conviction and sentence. See Brown v. State, 800 So.2d 697, 698 (Fla. 1st DCA 2001) (reversing conviction of conspiracy to commit armed robbery because trial court should have granted defendant’s motion for judgment of acquittal where prosecutor failed to present sufficient evidence, independent of appellant’s self-incriminating statement, to establish corpus delicti of the crime).
Reversed.
WARNER, POLEN and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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White-Jordan v. State, 165 So. 3d 745 (Fla. 4th DCA 2015)…rge. “[I]n order to establish the corpus de-licti of conspiracy, the state must present substantial evidence that the defendant and a coconspirator agreed to commit a crime and that the defendant intended to commit the offense.” Myshrall v. State, 29 So. 3d 466, 466 (Fla. 4th DCA 2010) (quoting Baxter v. State, 586 So. 2d 1196, 1199 (Fla. 2d DCA 1991)). “ Admissions or confessions of a defendant may not be admitted in evidence absent independently established corpus delicti’ ” Id. (quoting Chaparro v. Stat…
Authorities Cited
- Burks v. State, 613 So. 2d 441 (Fla. 1993)
- Baxter v. State, 586 So. 2d 1196 (Fla. 2d DCA 1991)
- Chaparro v. State, 873 So. 2d 631 (Fla. 2d DCA 2004)
- Stutts v. Dasher, 800 So. 2d 697 (Fla. 1st DCA 2001)