ALFONSO ROBLES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. | 1968-05-08
No. 36252
CALDWELL, C. J., and ROBERTS, DREW, THORNAL and ERVIN, JJ., concur., THOMAS, J., concurs specially.
210 So. 2d 441 Florida Supreme Court (1968) Positive Treatment
Cited by 8 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Robles was convicted and sentenced to death for the murder of a 15-year-old girl. On appeal, he challenged the conviction on grounds of alleged trial errors including emotional victim testimony, race-related testimony, prosecutorial misconduct, and failure to instruct on self-defense. The Florida Supreme Court affirmed the death sentence, finding no reversible error.


Holding

The court affirmed the death sentence, finding: (1) the victim's mother's emotional reaction was a normal and understandable response to witnessing her child's brutal murder; (2) the trial judge did not find the race testimony prejudicial and appellate courts will not disturb such findings absent clear error; (3) the prosecutor's remarks were proper and within bounds of advocacy; and (4) self-defense instruction was not warranted since all evidence showed an armed break-in and murder of an unarmed victim, and Robles's own version denying commission of the deed precluded a self-defense theory.


Key Quotes

“One who commits so horrible a crime as this can hardly expect the calmness of a mother who has not experienced such a tragedy.”

Establishes the court's reasoning that emotional victim testimony is natural and expected, not reversible error

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Robles broke into a home and used a knife to kill an unarmed 15-year-old victim. The victim's mother testified at trial and became emotional about the…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
ADAMS, Justice.

ADAMS, Justice.

This appeal is from a death sentence imposed pursuant to a jury verdict on a plea of not guilty.

This case was before this Court (Robles v. State, 188 So.2d 789) where we reversed a death sentence for another trial. We refer to that opinion for a full statement of the case.

The errors relied upon for another reversal are:

1. Did the testimony and manifestations of grief of the victim’s mother and *442her unsolicited remark to counsel for the defendant arouse the sympathy of the jury toward the deceased and prejudice the defendant in the eyes of the jury ?
2. Was the testimony of the victim’s mother to the effect that defendant was prejudiced toward Negroes so prejudicial, under the circumstances, as to deprive the defendant of a fair trial?
3. Were the conduct and remarks of the prosecutor so prejudicial to the defendant as to deprive him of a fair trial?
4. Did the Court err in failing to instruct the jury as to the law of self-defense ?

Treating the first question we not only agree with the State that this episode was somewhat provoked by the defense attorney, we also see this as a normal reaction for a mother who has witnessed the brutal murder of her fifteen year old child. One who commits so horrible a crime as this can hardly expect the calmness of a mother who has not experienced such a tragedy.

Turning to the second question, the origin of this lies in defense counsel’s question to the mother of the victim in substance that the cause of-her breaking off plans to marry defendant was due to her family’s prejudice against defendant, she being Jewish and he Puerto Rican. From this opening by defense counsel she eventually testified that not she, but defendant, had such race prejudice that he would not eat in a restaurant serving Negroes. The harm is claimed because two Negroes were on the jury.

The trial judge did not consider the testimony was of such a nature as to prejudice the jury and we are not inclined to fault him on that score. Jurors strive diligently to reach correct verdicts. They are naturally reticent to impose death penalties. Once their verdict is returned the trial judge who has supervised the trial must then approve the legal sufficiency of the verdict and impose sentence. Having followed this procedure we, on appeal, will not disturb the judgment except on a clear showing of error.

Upon the third question “were the conduct and remarks of the prosecutor so prejudicial to the defendant as to deprive him of a fair trial?” we have read the remarks of the State Attorney and feel they were proper. In no respect did he depart from the evidence. Any inference he drew from same was within the bounds of propriety. The State Attorney is the advocate for the State and has the duty, not only to present evidence in support of the charge, but likewise the duty to advocate with all his talent, vigor and persuasion, the acceptance by the jury of such evidence. See Stewart v. State, Fla., 51 So.2d 494; and Collins v. State, Fla., 180 So.2d 340.

The fourth question “did the Court err in failing to instruct the jury as to the law of self-defense?” we find no basis for such a charge. All the State’s evidence is to the effect that appellant broke into the home and with a knife killed deceased, an unarmed victim.

Appellant’s own version precludes the self-defense plea for he says he did not commit the deed. See Hopson v. State, 127 Fla. 243, 168 So. 810.

In conclusion we have examined the whole record, including the evidence, and we are convinced that there is no error in the record and the judgment is therefore affirmed. See F.S. Sec. 924.32(2) F.S.A.

CALDWELL, C. J., and ROBERTS, DREW, THORNAL and ERVIN, JJ., concur.

THOMAS, J., concurs specially.

*443THOMAS, J.

(concurring specially):

After reading the entire transcript of the testimony, as I understand the Court is obligated to do by Section 924.32(2) of the statutes, I concur in the conclusion.

Concurrence
THOMAS, J.

[*443] THOMAS, J.

(concurring specially):

After reading the entire transcript of the testimony, as I understand the Court is obligated to do by Section 924.32(2) of the statutes, I concur in the conclusion.

Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Emmett James Paramore v. State, 229 So. 2d 855 (Fla. 1969)
    …ink that the finding of contempt in the presence of the jury warrants a reversal. See Henderson v. State, 94 Fla. 318, 113 So. 689 (1927); Gurr v. State, 150 Fla. 65, 7 So. 2d 590 (1942); Williams v. State, 69 So. 2d 766 (FIa.1953); Robles v. State, 210 So. 2d 441 (Fla.1968). Reprimands, in order to constitute reversible error, must prejudice the party whose counsel was rebuked. Whether a new trial should be granted under such circumstances is subject to the trial judge’s discretion, as he is in a better pos…
  • Carrion-Viscay v. State, 478 So. 2d 1192 (Fla. 3d DCA 1985)
    …prosecutor’s comment in [*1193] closing argument was proper in that it referred to evidence as it existed before the jury, White v. State, 377 So. 2d 1149 (Fla.1979), cert. denied, 449 U.S. 845, 101 S.Ct. 129, 66 L.Ed.2d 54 (1980); Robles v. State, 210 So. 2d 441 (Fla.1968); Garcia v. State, 439 So. 2d 328 (Fla. 3d DCA 1983); Wilson v. State, 305 So. 2d 50 (Fla. 3d DCA 1974), and the sentencing court has the discretion to impose two consecutive life terms, each sentence including a twenty-five year minimum m…
  • Herman v. State, 275 So. 2d 264 (Fla. 4th DCA 1973)
    …fact that a defendant may assert a claim of self-defense does not mitigate the operation of Rule 3.490 or dispense with the duty of the court to charge the jury on all lesser degrees and necessarily included offenses. Cf. Robles v. State, Fla.1968, 210 So. 2d 441. Accordingly, the judgment is reversed and the cause remanded for a new trial consistent with the views expressed herein. Reversed and Remanded. CROSS, OWEN and MAGER, JJ., concur.…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw