MARCIAL RODRIGUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the trial court's denial of ineffective assistance of counsel regarding a mock Coke can but reversed and remanded regarding an FDLE report on an unrelated drug case, finding the trial court failed to demonstrate lack of prejudice from its admission.
A trial court must either attach record evidence conclusively refuting prejudice from the erroneous admission of collateral crime evidence or hold a hearing on an ineffective assistance of counsel claim based on counsel's failure to object to such evidence.
[1] Erroneous admission of collateral crime evidence is presumptively harmful, and a trial court must either attach record evidence conclusively refuting prejudice or hold a…
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Join FLexlaw to unlock all legal intelligence“The erroneous admission of 'collateral crime evidence is presumptively harmful.'”
Citing Goodwin v. State for the principle that collateral crime evidence carries a presumption of harmfulness when erroneously admitted.
Rodriguez was charged with a crime and his counsel allegedly failed to object to the introduction of a mock Coke can used to store drugs and an FDLE r…
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Following remand, the trial court has again summarily denied the appellant’s claims that counsel was ineffective for failing to object to the introduction into evidence of a mock Coke can used to store drugs, and a Florida Department of Law Enforcement report stating that 185.1 grams of cocaine had been confiscated from the appellant in an unrelated Madison County case. We affirm without discussion the claim involving the Coke can. However, because the trial court failed to attach the FDLE report, or other record evidence demonstrating that the appellant was not prejudiced by its admission, we are constrained to once again reverse. See Strickland v. Washington, 466 U.S. 668, 690, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Goodwin v. State, 751 So.2d 537, 547 (Fla.1999) (The erroneous admission of “collateral crime evidence is presumptively harmful.”). If, as the appellant alleges, this report contains evidence of the unrelated Madison County case, which the state had been ordered not to discuss, and the report was presented to the jury, then the trial court must either attach record evidence conclusively refuting that the appellant was prejudiced or else hold a hearing on this claim.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
BENTON, C.J., ROBERTS and RAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Goodwin v. State, 751 So. 2d 537 (Fla. 1999)