RICHARD SLOAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1970-05-28
No. L-464
CARROLL, DONALD K., Acting C. J., and WIGGINTON, J., concur.
235 So. 2d 745 Florida District Court of Appeal, First District (1970)

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Synopsis

Richard Sloan was convicted of rape and sentenced to life imprisonment. On appeal, he challenged the sufficiency of evidence of his identity and the admissibility of his shoes and socks. The appellate court affirmed the conviction, finding the victim's voice and size identification credible and corroborated by footprint evidence, and holding that the shoes and socks were properly admitted.


Holding

The court held that the victim's identification of the appellant by voice and size was sufficiently corroborated by the sheriff's tracking of footprints to appellant's home and the matching shoes and socks found there. The shoes and socks were properly admitted because appellant failed to object to their introduction at trial and the sheriff had probable cause to obtain them based on the footprint evidence.


Headnotes

[1] A victim's identification of an assailant by voice and size can be sufficient evidence to sustain a conviction.

[2] Evidence of footprints matching those found at a crime scene, leading to a defendant's residence where matching footwear is found, can corroborate an identification.

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Key Quotes

“voice recognition is sufficient to form the basis of an identification, especially where it is shown that the witness has had earlier occasion to hear the voice in question”

Establishes that the victim's voice identification of the appellant was legally sufficient

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Facts & Procedural History

Sloan, age 25, climbed through a bedroom window and forcibly raped his 52-year-old third cousin in the middle of the night. The victim identified her …

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Opinion of the Court
SPECTOR, Judge.

SPECTOR, Judge.

Appellant, a twenty-five-year-old male, was convicted of forcefully raping his fifty-two-year-old third cousin after gaining entrance to her bedroom by climbing through a window in the middle of the night. Pursuant to the jury’s recommendation of mercy, he was sentenced to life imprisonment in the state penitentiary.

Two grounds are raised for reversal. The first questions the sufficiency of the evidence of appellant’s identity as the perpetrator of the crime charged, and the second questions the admissibility of appellant’s shoes and socks in evidence.

Our examination of the record and consideration of the briefs filed herein reveal that the question of appellant’s identity is sustained by the evidence. The prosecuting witness testified that she recognized her assailant from his voice and size. In Cason v. State, 211 So.2d 604 (Fla.App. 1968), it was held that voice recognition is sufficient to form the basis of an identification, especially where it is shown that the witness has had earlier occasion to hear the voice in question. In the case at bar, the victim’s identification of appellant by his size and voice characteristics, while sufficient in itself, is corroborated by the testimony of the sheriff that he tracked appellant’s footprints to his home some four blocks away and there found shoes and socks with telltale marks and dirt on them matching appellant’s retreating tracks.

The remaining point questioning the admissibility of appellant’s shoes and socks in evidence is likewise without merit. No objection was made to the introduction of these items at the time they were offered in evidence, and appellant ought not now be heard to complain of the admission. Silver v. State, 188 So.2d 300 (Fla.1966). Appellant cites Morales v. New York, 396 U.S. 102, 90 S.Ct. 291, 24 L.Ed.2d 299, as authority for his contention of inadmissibility, but that case is not controlling here. Morales dealt with the question of probable cause to effect the arrest of the defendant and the legality of the subsequent interrogation which yielded an admittedly voluntary confession. There being no record inquiry in Morales as to the circumstances leading to his initial detention, the United States Supreme Court remanded the case to the New York State courts for an evidentiary hearing on the question of probable cause. The court did not make clear the basis upon which it deemed Morales’ admittedly voluntary confession of stabbing his victim to death in an apartment house elevator insufficient to sustain the conviction; but whatever underlay the court’s reasoning there, we find the instant case is factually distinguishable since here there was no confession introduced against appellant. Moreover, the sheriff had ample probable cause to detain the appellant since the footprints led him from the window through which the attacker fled to appellant’s house four blocks away. Having been led to appellant’s house by *747prints made by socks, the sheriff would have been remiss in his duty not to pick up the shoes which matched the imprints at the scene and the socks which had fresh dirt on the bottom surfaces indicating that they could have been worn by appellant as he fled the scene of the crime.

No error having been demonstrated in the judgment here being reviewed, it is therefore

Affirmed.

CARROLL, DONALD K., Acting C. J., and WIGGINTON, J., concur.


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