PAUL RICHARD WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
The court held that the admission of testimony regarding the defendant's silence during interrogation was harmless error, and that the owner's testimony on market value and the warrantless sighting of the vehicle were permissible.
[1] The admission of testimony that a defendant in custody remained silent in the face of an accusation of guilt can constitute harmless error if the error is inconclusive an…
[2] An owner is qualified to testify as to the market value of stolen property at the time of the theft.
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 intelligenceA neighbor reported suspicious activity at a house, leading police to find the back door forcibly opened. Police stopped a station wagon matching 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.
Explore caselaw by topic → Browse Market Value Of Stolen Property cases and more on FLexlaw
Paul Richard Wright, defendant below, appeals judgments of conviction and sentences for: 1. Breaking and entering with intent to commit a felony; and 2. Grand larceny.
Wright contends that the State committed reversible error during his trial by: (a) Introducing testimony that while in custody, and during interrogation, he remained silent; (b) Failing to establish that the stolen property had a market value of $100.00 or more at the time of the theft; and (c) Denying his motion to suppress certain evidence seized without a search warrant.
A minister who resides in Jessup, Georgia, owned a partially-furnished house in Green Cove Springs, Florida, which he visited two or three times a month. The back door of this house was locked. On the afternoon of January 30, 1969, a neighbor observed a small red station wagon pull up to the rear of the subject house where two men were waiting. The station wagon was being driven by a woman who had four children with her. The neighbor, aware that the minister was in Georgia, telephoned the sheriff and reported what she had observed. A deputy sheriff investigated the report and found the back door of the home had been forcibly opened. A radio alert describing the station wagon and its occupants resulted in a policeman, who was in the vicinity of the house, stopping a small red station wagon which contained two men, a woman, and four children. The vehicle had a washing machine tied to the tailgate. One of the men and *891the woman were placed under arrest. Wright, who had fled, was apprehended. The vehicle was impounded and towed to the police station. Wright, after being given Miranda warnings, gave written consent for the police to search the car. The washing machine, a piece of carpet, fan, and a portable typewriter were recovered from the vehicle and identified by the minister as being his property and valued by him at trial in the approximate sum of $150.00. A defense witness appraised the value of the items as $69.00.
Wright’s primary point on appeal pertains to the testimony of a police officer. During the interrogation of this witness by the State, he stated:
“ * * * I brought Paul Wright out and talked to him. I advised him of his rights under the Miranda ruling and asked him about the items in the automobile and he had no explanation. I asked him if he would give me * * * ”
Defense counsel immediately objected and moved for a mistrial, which motion was denied. Defendant vigorously contends that this remark so prejudiced his rights that the failure to grant mistrial was reversible error, citing Miranda v. State of Arizona,1 Jones v. State,2 and Galasso v. State.3
In Jones, the defendant was accused of snatching a purse and found in possession of articles identified by the victim as being hers. Upon the authority of Miranda, the Third District Court of Appeal held that the introduction of evidence by the State, without objection, that the accused, while in custody, remained silent in the face of an accusation of guilt, constitutes fundamental error.
In Galasso, the Fourth District Court held that any evidence to the effect that a defendant in custody remained silent is inadmissible where such evidence tends to penalize the defendant for having exercised his right to remain silent. The Supreme Court of Florida, in reviewing Ga-lasso,4 stated:
“Although the District Court correctly adopted the proper rule of law we nevertheless reach a different result than it did in our disposition of this cause. Admittedly the admission of the testimony of Mr. Brumley was error but the issues remain, was it such an error as to require reversal or was it, in fact, harmless error. * * * »
and concluded that the error committed by the trial court’s admission of the testimony fell within the harmless error doctrine. Factually, the instant cause is controlled by the Supreme Court’s opinion in Galasso. As stated therein, “That such an inconclusive and insubstantial colloquy can vitiate an otherwise proper trial so as to require reversal tends to make a mockery out of our system of jurisprudence.”
Appellant’s two remaining points are likewise without merit. An owner is qualified to testify as to his opinion of market value at the time of theft. The conflict as to value was properly submitted to the jury which resolved the issue joined. The final point questioning the legality of what appellant terms a “search” does not require any extensive inquiry. As stated above, the law enforcement officers were promptly alerted as to suspicious actions of the participants in this crime. At the time of the initial “search” which is more definitively categorized as a “sighting,” this appellant was not present, having fled from the scene. A search warrant is not required to see a washing machine tied to the tailgate of a small station wagon. Lastly, after the vehicle was impounded, a written *892consent to search same was given by this appellant. The judgment of conviction is
Affirmed.
WIGGINTON, Acting C. J., and MELVIN, WOODROW M., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bennett v. State, 316 So. 2d 41 (Fla. 1975)…lding in that case.3 Today’s decision also affects the prece-dential significance of two district court decisions. As the majority opinion indicates, Jones v. State, 200 So. 2d 574 (3d DCA Fla.1967), is approved. On the other hand, Wright v. State, 251 So. 2d 890 (1st DCA Fla.1971), is disapproved. . “No person . . . shall be compelled in • any criminal case to be a witness against himself . . . .” U.S.Const.., amend. V. . The entire opinion in Zerega lacks preceden-tial value. The only valid “holding” in…
-
Vickers v. State, 303 So. 2d 700 (Fla. 1st DCA 1974)…s stolen were worth over $150.00.2 It is not necessary to adduce expert witnesses to testify as to the market value of goods at the time of the theft. [*701] The owner is qualified to testify as to the market value of his property, Wright v. State, 251 So. 2d 890 (Fla.App. 1st 1971). Although the direct testimony of the owners in the case sub judice does not clearly state the respective owners’ opinion of the market value, the overall testimony meets the bare requirements of competent, substantial evidence t…
-
Breniser v. State, 267 So. 2d 23 (Fla. 4th DCA 1972)…ghts] was inadmissible, it contends that such testimony did not injuriously affect substantial rights of the appellant and hence was harmless, citing in support of its position Zerega v. State, Fla. 1972, 260 So. 2d 1; Wright v. State, Fla.App.1971, 251 So. 2d 890 and State v. Galasso, supra. Each of these cases involved a single, isolated comment which was felt to be too inconsequential and unsubstantial as to justify reversal, whereas in this case, between the prosecutor’s questions and the witness’s answer…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966)
- Jones v. State, 200 So. 2d 574 (Fla. 3d DCA 1967)
- State v. Galasso, 217 So. 2d 326 (Fla. 1968)
- Galasso v. State, 207 So. 2d 45 (Fla. 4th DCA 1968)