PATRICIA ANN HANSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Patricia Ann Hanson was placed on probation without adjudication of guilt for unlawful possession of barbiturates. The Florida District Court of Appeal reversed and remanded for a new trial, finding that newly discovered evidence strongly suggested the defendant obtained the drugs under a doctor's prescription, which would constitute an absolute defense to the charge.
The court reversed and remanded, granting the motion for new trial on the basis that the newly discovered evidence almost conclusively proved the barbiturates were lawfully obtained under a doctor's prescription, which is an absolute defense under the statute, and allowing the conviction to stand would constitute a gross miscarriage of justice.
“it is better to bend a rule of procedure than to use the rule to convict an innocent person”
The court's principal rationale for granting the motion for new trial despite the evidence not satisfying the normal newly discovered evidence standard.
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Join FLexlaw to unlock all legal intelligenceAppellant was charged with unlawful possession of four tablets of Seconal in an unmarked container. At trial, the appellant's explanation for possessi…
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In this case the appellant was placed on-probation without adjudication of guilt1 *55-upon the charge of unlawful possession of 'barbiturates. Fla.Stat.1963, § 404.02(4),2 F.S.A.
The appellant has challenged the sufficiency of the evidence to support her •conviction and has assigned error upon the denial of her motion for new trial. We find that the evidence is sufficient in that it shows the possession of four tablets of ■seconal in an unmarked container, and that appellant’s explanation of the possession of the drug was not -sufficient to bring her within the exception contained in the statute.
Appellant’s motion for a new trial alleges newly discovered evidence. The trial judge correctly ruled that the evidence was not such that it could not have been produced at the trial in the exercise of due diligence. Harvey v. State, Fla.1956, 87 So.2d 582. Nevertheless, the proofs attached to the motion for new trial are such that it almost conclusively appears that the four tablets of seconal, for the possession •of which the appellant was convicted, were actually obtained under a doctor’s prescription. Such possession is not unlawful under the statute. We therefore conclude that, in the interest of justice, a new trial should be granted upon the basis that it is better to bend a rule of procedure than to use the rule to convict an innocent person. See Shepherd v. State, Fla.App.1959, 108 So.2d 494. In so holding, we are cognizant of the rule that a trial judge has a wide discretion in ruling upon a motion for new trial and that his ruling will not be reversed unless some abuse of discretion is shown. See State v. Sears, 148 Fla. 89, 3 So.2d 721 (1941). However, in the instant case the evidence upon which the defendant sought a new trial is an absolute defense to a crime which requires no intent or overt act but is based solely upon possession. To allow a conviction such as this to stand, when there is a great probability that the accused is innocent, would be a gross miscarriage of justice.
Reversed and remanded with directions to grant the defendant’s motion for new trial.
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Vernal Earle Malcolm v. State, 605 So. 2d 945 (Fla. 3d DCA 1992)…btaining coram nobis relief. Hallman. In this case, however, we believe the interests of justice require us to relax this requirement so that the conviction of an innocent man may be corrected. Welles. As was stated by this court in Hanson v. State, 187 So. 2d 54, 55 (Fla. 3d DCA 1966), in relaxing a similar requirement of due diligence when newly discovered evidence was relied upon for a post-trial motion for new trial, “it is better to bend a rule of [*949] procedure than to use the rule to convict an inno…
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Sylvia v. State, 210 So. 2d 286 (Fla. 3d DCA 1968)…t to demonstrate an abuse of this discretion before this court would be warranted in reversing the convictions on this point. State v. Sears, 148 Fla. 89, 3 So. 2d 721; Gilchrist v. State, Fla.App.1965, 177 So. 2d 777; Hanson v. State, Fla.App.1966, 187 So. 2d 54. It is apparent that the trial court exercised due diligence in determining what the additional evidence would disclose, and determined that it was something that could have been discovered prior to trial. Therefore, we find no error in his refusal…
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Jackson v. State, 416 So. 2d 10 (Fla. 3d DCA 1982)…which concerns us — requires that a jury hear the witnesses in question before the defendant may be convicted and imprisoned for the crime with which he is charged. Hence, that new trial must be afforded him. Jones v. State, supra; Hanson v. State, 187 So. 2d 54 (Fla. 3d DCA 1966). Reversed.1 . We specifically note our total disapproval of the trial court’s at best presumptuous ruling denying Jackson bond pending appeal because, in part, there were no “fairly debatable” grounds for reversal. This ruli…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Sears, 148 Fla. 89 (Fla. 1941)
- Makron H. Shepherd v. State, 108 So. 2d 494 (Fla. 1st DCA 1959)
- Colburn v. City OF Lakeland, 87 So. 2d 582 (Fla. 1956)
- Harvey v. State, 87 So. 2d 582 (Fla. 1956)
- Williams v. State, 148 Fla. 87 (Fla. 1941)