JOHN D. SMITH, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2015-07-01
No. 1D14-3127
LEWIS, MARSTILLER, and OSTERHAUS, JJ., concur.
170 So. 3d 124 Florida District Court of Appeal, First District (2015) Positive Treatment
Cited by 3 cases

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Synopsis

John D. Smith, Jr. appeals the trial court's denial of his post-conviction motion alleging ineffective assistance of trial counsel. The appellate court reverses and remands Smith's fifth claim regarding the admission of Williams rule evidence of prior bad acts, finding the record does not conclusively refute his ineffective assistance argument, while affirming the trial court's denial of his remaining claims.


Holding

The court reverses and remands Smith's fifth claim because the post-conviction order and attached records do not conclusively refute his Williams rule-based ineffective assistance argument. On remand, the trial court may either grant an evidentiary hearing or enter a summary denial with record portions that conclusively refute Smith's allegations. The court affirms the denial of Smith's remaining four claims.


Headnotes

[1] A post-conviction relief order denying a motion without an evidentiary hearing must be reversed and remanded if the record does not conclusively show the movant is entitl…

[2] Ineffective assistance of counsel claims based on the failure to object to the admissibility of Williams rule evidence require review of whether the evidence was relevant…

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Key Quotes

“When a motion for post-conviction relief under [rule 3.850] is granted or denied without an evidentiary hearing, ... unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing or other appropriate relief.”

Establishes the standard of review for post-conviction motions summarily denied without an evidentiary hearing

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Facts & Procedural History

Smith was convicted in 2009 of three counts of burglary. During trial, an investigating officer testified that she searched a shed at Smith's home for…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, John D. Smith, Jr., appeals the trial court’s denial of his motion for post-conviction relief alleging ineffective assistance of trial counsel during a trial in 2009, where he was convicted of three counts of burglary. We reverse and remand on Appellant’s fifth claim, because the post-conviction order and attached records do not address or conclusively refute Appellant’s claim. We otherwise affirm the post-conviction order denying Appellant’s remaining claims without comment.

Discussion

In his fifth claim for post-conviction relief, Appellant asserted that trial counsel was ineffective for failing to object or obtain rulings on the admissibility of certain Williams1 rule evidence of prior bad acts, *125based on testimony offered by an investigating officer and his probation officer. “When a motion for post-conviction relief under [rule 3.850] is granted or denied without an evidentiary hearing, ... unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing or other appropriate relief.” Fla. R.App. P. 9.141(b)(2)(A) & (D).

In this case, we cannot determine from the record attachments whether the record conclusively refutes Appellant’s contention that trial counsel was ineffective for failing to object to testimony from two specific witnesses. First, an investigating officer testified that she searched a shed at Appellant’s home for stolen property from a prior burglary, thereby suggesting that Appellant had engaged in prior burglaries. Though cited in Appellant’s motion below, the post-conviction order does not address this testimony. Second, a probation officer testified that Appellant was on probation (for other bad acts) at the time the burglaries were committed. In both instances, we cannot determine from the record whether Appellant’s Williams rule arguments lack merit. Nor can we determine from the record whether this testimony became a feature of the trial.

Williams rule analysis is always two-fold. Collateral-crime evidence “is admissible when relevant to prove a material fact in issue, but is inadmissible when the evidence is relevant solely to prove bad character or propensity.” Wright v. State, 19 So.3d 277, 291-92 (Fla.2009) (citing § 90.404(2)(a), Fla. Stat. (2000)). See also Jackson v. State, 140 So.3d 1067, 1070-71 (Fla. 1st DCA 2014). Also, evidence of other bad acts “cannot become a feature of the trial.” Wright, 19 So.3d 277, 293 (citing Morrow v. State, 931 So.2d 1021, 1022 (Fla. 3d DCA 2006), accord Bryan v. State, 533 So.2d 744, 746 (Fla.1988)). “It is well-settled that the erroneous admission of collateral crimes evidence is presumptively harmful and may be found harmless only if the State establishes that there is no reasonable possibility, that the error contributed to the verdict.” Jackson, 140 So.3d at 1073.

Because the record attachments fail to refute Appellant’s Williams rule-based arguments, we must reverse and remand. Upon remand, the trial court may either grant an evidentiary hearing, or enter summary denial a second time and attach portions of the record that conclusively refute Appellant’s allegations. See Ortiz v. State, 968 So.2d 681, 686 (Fla. 1st DCA 2007).

Conclusion

• Accordingly, we REVERSE and REMAND the post-conviction order’s summary denial of Appellant’s fifth, Williams rule-related, claim, but AFFIRM all other claims.

LEWIS, MARSTILLER, and OSTERHAUS, JJ., concur.


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Cited By

  • Macias v. State, 284 So. 3d 467 (Fla. 2d DCA 2022)
    …counsel's motions in limine, the attachments do not refute Macias's claim as to the evidence that a child witnessed the victim perform oral sex on Macias. Reversal is required to address this subissue of Macias's second claim. See Smith v. State, 170 So. 3d 124, 125 (Fla. 1st 2 Williams v. State, 110 So. 2d 654 (Fla. 1959). DCA 2015) ("Because the record attachments fail to refute Appellant's Williams rule-based arguments, we must reverse and remand. Upon remand, the [postconviction] court may either gra…
  • Rodger N. Butler v. State, 188 So. 3d 47 (Fla. 1st DCA 2016)
    …, ... unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing or other appropriate.relief.” Fla. R. App. P. 9.141(b)(2)(A) & (D); Smith v. State, 170 So. 3d 124, 125 (Fla. 1st DCA 2015). In this case, we cannot determine from the record attachments whether the record conclusively refutes Appellant’s contention that trial counsel was ineffective for failing to object to "the prosecutor’s statements. Upon rem…

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