RAKIM J. WATSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.
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Rakim Watson appealed his convictions for a drive-by shooting, challenging the sufficiency of evidence regarding his identity as the shooter and arguing the trial court erred in inadvertently disclosing his prior conviction status during preliminary jury instructions. The Florida District Court of Appeal, Fifth District affirmed his convictions, finding sufficient evidence supported the verdict and the disclosure was harmless error.
The court affirmed the convictions, finding sufficient evidence supported Watson's guilt as the jury was entitled to resolve credibility conflicts among witnesses, and the trial court's inadvertent disclosure of prior conviction status was harmless error because Watson himself testified about his prior felony convictions.
[1] Evidence is sufficient to support a conviction when, despite inconsistencies in witness accounts, at least one victim testifies that the defendant fired shots from a vehi…
[2] Credibility determinations among conflicting testimony are within the purview of the jury.
Previewing 2 of 4 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“Ultimately, it is within the jury's purview to make credibility determinations among conflicting testimony.”
Establishes that the jury's role is to resolve conflicts in witness testimony regarding identity, supporting sufficiency of evidence holding.
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Join FLexlaw to unlock all legal intelligenceWatson was charged with crimes stemming from a drive-by shooting in which several individuals were wounded. It was undisputed that shots were fired fr…
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*1155Rakim Watson appeals his convictions for charges stemming from a drive-by shooting in which several individuals were wounded.1 He argues that the evidence presented was insufficient to establish his identity as the shooter and that the trial court erred in denying his motion for mistrial made when the court, in its preliminary instructions, inadvertently informed the jury that Watson had a prior conviction. We affirm.
Many of the individuals in this case have previously been involved with the criminal justice system. At trial, there were inconsistencies among the witnesses' accounts and in prior witness statements. While the identities of the shooters were disputed, it was undisputed that shots were fired from a vehicle Watson was in and several people were injured. Furthermore, at least one victim testified that Watson fired shots from the vehicle. Thus, there was sufficient evidence, despite the inconsistencies, to support Watson's convictions. Cf. Slater v. State, 769 So.2d 512 (Fla. 5th DCA 2000). Ultimately, it is within the jury's purview to make credibility determinations among conflicting testimony. Id. at 512 ("The validity of the [victim] identification testimony was for the jury."); see also Bradshaw v. State, 744 So.2d 1095, 1097 (Fla. 5th DCA 1999) (explaining that evidence regarding defendant's "identity as the shooter was a question for the jury").
Further, we find the trial court's error in informing the jury that Watson had a prior conviction to be harmless under the circumstances of this case. During the preliminary instructions, the court read the charges Watson faced, including, "possession of a firearm by a convicted in-state-."2 Watson moved for a mistrial, and the court reserved ruling. However, Watson later chose to testify and freely stated that he had previously been convicted of several felonies. Thus, Watson himself placed his status as a convicted felon before the jury, rendering the court's inadvertent disclosure harmless. Cf. Wyatt v. State, 641 So.2d 1336, 1338 (Fla. 1994) (finding trial court's mention of defendant's prior conviction during voir dire harmless where defendant later testified that he was a convicted felon).
AFFIRMED.
COHEN, C.J., WALLIS and EISNAUGLE, JJ., concur.
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- Wyatt v. State, 641 So. 2d 1336 (Fla. 1994)
- Bradshaw v. State, 744 So. 2d 1095 (Fla. 5th DCA 1999)
- Slater v. State, 769 So. 2d 512 (Fla. 5th DCA 2000)