WALTER ROSS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Walter Ross was convicted of attempted grand larceny based on victim identification following a brief street robbery. The appellate court reversed the conviction, finding the identification evidence legally insufficient because the victim had minimal opportunity to observe the perpetrator during the brief encounter.
The conviction is reversed because the identification evidence is not legally sufficient, substantial, or reasonable to identify the appellant as the perpetrator. The victim lacked ample time, occasion, and opportunity to make careful observation of the criminal's identifying features, and identity must be proven beyond a reasonable doubt.
“the evidence in the case at bar is not legally sufficient, substantial or reasonable to identify the appellant as the perpetrator of the crime for which he was convicted”
The court's holding that identification evidence failed to meet the required legal sufficiency standard despite jury conviction
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Join FLexlaw to unlock all legal intelligenceA businessman was returning from the bank carrying a cloth money bag when a tall, thick-lipped Black man attempted to snatch it from him. During the b…
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The appellant was found guilty, following a jury trial in the Criminal Court of Record of Dade County, of attempted grand larceny. In this appeal the appellant contends that the evidence produced by the State of the identity of the guilty party was insufficient to establish that he was the person who committed the crime.
The victim of the attempted larceny was returning from his daily visit to the bank when a tall, thick lipped colored man approached him in the street and attempted to snatch a cloth money bag from his grasp. The bag contained bills and change necessary for operation of the victim’s restaurant business. The businessman yelled to attract the attention of other people on the street and gave chase when the thief fled.
Nothing in the thief’s demeanor attracted the victim’s attention until the sudden attempt to grab the cloth bag. In the ensuing brief scuffle the businessman had limited opportunity to observe the colored man who attacked him and was unable to later describe the clothing worn by the man. During the unsuccessful chase the victim testified he could not see the face of his assailant and did not observe any other distinguishing characteristics which would identify the thief.
An eye-witness to the event, who was working on a bus nearby, heard the victim shout and saw a white man giving chase to the colored man. He did not see the thief’s face and was unable to identify this appellant as the perpetrator of the crime.
Several days later the victim visited police headquarters where he could make no positive identification from the photographs but selected the pictures of several persons as being possible suspects. At a subsequent police line-up the appellant, Walter Ross, was identified by the victim as the thief. The record is clear that prior to the police line-up the victim was unsure of the identity of his assailant.
During the course of the trial the State offered the testimony of the victimized businessman and the eye-witness on the issue of the identity of the guilty party. The appellant denied any involvement with the crime stating that he spent the day at the home of a friend.
Recognizing the well established rule that in criminal prosecutions a verdict of guilty will ordinarily not be disturbed where there are conflicts in the evidence of identification of a person charged with a crime, since such conflicts are for the jury to determine, Ray v. State, 159 Fla. 101, 31 So.2d 156, 172 A.L.R. 726, we are nevertheless of the view that the evidence in the case at bar is not legally sufficient, substantial or reasonable to identify the appellant as the perpetrator of the crime for which he was convicted.
In each case where the courts have held the proof sufficient to establish the identity of the person charged, the victim had ample time, occasion and opportunity to make careful observation of the identified criminal, Ray v. State, supra; Harris v. State, 129 Fla. 733, 177 So. 187; Chastain v. State, 136 Fla. 388, 189 So. 49. Generally, the victim has an opportunity to observe the features, voice, mannerisms and demeanor of the identified assailant so as to be able to isolate the person identified in their mind and memory with sufficient clarity to make subsequent positive identification.
*189Where evidence of identity is unsatisfactory, the convictions have been reversed upon the ground that the prosecution must prove identity beyond a reasonable doubt just as they would be required to prove the various elements of the offense charged. 13 Fla.Jur. “Evidence” Sec. 438; Platt v. State, 65 Fla. 253, 61 So, 502; Anderson v. State, 92 Fla. 477, 110 So. 250; Clark v. State, 98 Fla. 874, 124 So. 446; Fuller v. State, 92 Fla. 873, 110 So. 528; McNeil v. State, 104 Fla. 360, 139 So. 791.
Accordingly, the judgment appealed is reversed and the cause remanded for a new trial.
Cases With Similar Vibessemantic neighbors from the corpus
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Sundell v. State, 354 So. 2d 409 (Fla. 3d DCA 1978)…hus preserving the sufficiency question for appeal. And implicit in the decisions of McNeil v. State, 104 Fla. 360, 139 So. 791 (1932); Clark v. State, 98 Fla. 874, 124 So. 446 (1929); Fuller v. State, 92 Fla. 873, 110 So. 528 (1926); Ross v. State, 190 So. 2d 187 (Fla. 3d DCA 1966), is that appropriate motions were made at the trial level preserving the sufficiency question for appeal. We are not unmindful of the admonition that rules of procedure essential to administer justice should never be permitted to…
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Taylor v. State, 199 So. 2d 517 (Fla. 3d DCA 1967)…ave jointly prosecuted this appeal. The sole question presented is the sufficiency of the evidence as to the identification of the appellants as the persons who committed the crime. The appellants rely for reversal upon Ross v. State, Fla.App.1966, 190 So. 2d 187 and cases cited therein. On that appeal this Court held the evidence of identity insufficient to prove identity beyond a reasonable doubt. The decision recognized the rule that in criminal prosecutions, a verdict of guilty will ordinarily not be dis…
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Simon v. State, 209 So. 2d 682 (Fla. 3d DCA 1968)…ng heard his voice. Riner v. State, 128 Fla. 848, 176 So. 38 (1937); Mack v. State, 54 Fla. 55, 44 So. 706, 13 L.R.A., N.S., 373 (1907); Martin v. State, 100 Fla. 16, 129 So. 112 (1930); Wright v. State, 182 So. 2d 264 (Fla.App.1966); Ross v. State, 190 So. 2d 187 (Fla.App.1966). Where evidence of identity is unsatisfactory, convictions have been reversed upon the ground that the prosecution must prove identity beyond a reasonable doubt, but in this case, the identity was proved beyond a reasonable doubt and…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fuller v. State, 92 Fla. 873 (Fla. 1926)
- Anderson v. State, 92 Fla. 477 (Fla. 1926)
- Platt v. State, 65 Fla. 253 (Fla. 1913)
- Odie McNeil v. State, 104 Fla. 360 (Fla. 1932)
- Yoder v. Maddox, 104 Fla. 354 (Fla. 1932)
- Clark v. State, 98 Fla. 874 (Fla. 1929)
- Augustus Harris v. State, 129 Fla. 733 (Fla. 1937)
- Ray v. State, 159 Fla. 101 (Fla. 1947)
- Chastain v. State, 136 Fla. 388 (Fla. 1937)