JIMMIE WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jimmie Wilson was convicted of five felonies including rape, robbery, and assault with intent to commit murder in the first degree. The Florida Supreme Court affirmed his conviction, rejecting his challenges to the jury selection statute and the admission of extensive similar-fact evidence linking him to a pattern of crimes.
Section 40.01, Florida Statutes, is constitutional both on its face and as applied. The similar-fact evidence was properly admitted under Williams v. State standards because it was relevant to prove the defendant's identity in the charged crimes and established a distinctive pattern of conduct.
[1] A statute governing jury selection is not unconstitutional on its face or as applied if it complies with established precedent.
[2] Similar fact evidence is admissible if relevant to prove identity, even if it also points to separate crimes, unless its sole purpose is to prove bad character or propens…
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Join FLexlaw to unlock all legal intelligence“That statute in not unconstitutional on its face or as applied in Dade County.”
The court's ruling rejecting Wilson's constitutional challenge to the jury selection statute.
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Join FLexlaw to unlock all legal intelligenceWilson was tried in Dade County for five felonies. At trial, the state introduced over 600 pages of similar-fact evidence regarding separate crimes co…
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BOYD, Justice.
This is an appeal from a judgment of guilty of five felonies including rape, robbery and assault with intent to commit murder in the first degree entered in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County. At hearing on a pre-trial motion, Appellant moved that the jury panel be dismissed on the ground that Section 40.01, Florida Statutes, is unconstitutional. The trial court denied the motion. We have appellate jurisdiction. Article V, Section 3(b)(1), Florida Constitution.
Appellant argues that Chapter 40.-01(1), Florida Statutes, on its face and as applied, violates Appellant’s constitutional right to be tried by jury and rights to equal protection of the law. That statute in not unconstitutional on its face or as applied in Dade County. Wilson v. State, 306 So. 2d 513 (Fla.1975); Reed v. State, 292 So. 2d 7 (Fla. 1974).
Appellant raises another point concerning the introduction at trial of similar fact evidence pointing to separate crimes committed by Appellant, which took up over 600 pages of trial transcript. In Williams v. State, 110 So. 2d 654 (Fla.1959), we held the introduction of similar fact evidence admissible where relevant, even though it points to the commission of a separate crime, except where the evidence is relevant solely to prove bad character or propensity. We have carefully examined the record. Although the similar fact evidence introduced at Appellant’s trial is extremely extensive, it establishes a pattern of conduct similar to the pattern of conduct in the crimes now reviewed. In each pattern a man and a woman were initially accosted while sitting in cars located in large parking lots. The victims were driven to remote spots in Dade County where the woman was raped on the hood of the car. Then both the man and woman were shot with 45 caliber bullets and left for dead. The similar fact evidence was relevant to prove the identity of Appellant in the crimes charged. Although the amount of similar fact evidence introduced approaches the outer boundary of what is permissible before prejudice begins to outweigh probative value, we find the use of it made by the state here to be proper. Since the similar fact evidence admitted by the trial court complied with the Williams standards, we find no reversible error. Accordingly, the judgment of the trial court is affirmed.
It is so ordered.
OVERTON, C. J., and ROBERTS, ADKINS, ENGLAND, SUNDBERG and HATCHETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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Nadean O. McARTHUR v. State, 351 So. 2d 972 (Fla. 1977)…’s constitutional challenges require more detailed analysis, but similarly do not warrant reversal. Appellant’s challenge to the jury selection statute, Section 40.01(1), Florida Statutes (1975), essentially asks that we reconsider Wilson v. State, 330 So. 2d 457 (Fla.1976), in which we sustained this statute, in light of the United States Supreme Court’s decision in Taylor v. Louisiana, 419 U.S. 522, 95 S.Ct. 692, 42 L.Ed.2d 690 (1975). That ease held unconstitutional a Louisiana jury selection statute whic…
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Heiney v. State, 447 So. 2d 210 (Fla. 1984)…0), we reaffirmed the rule of admissibility enunciated in our first Williams case but reversed a defendant’s conviction because the State had made a collateral offense a feature instead of an incident of the trial.... Thereafter, in Wilson v. State, 330 So. 2d 457 (Fla.1976), we held that the introduction of six hundred pages of trial transcript pointing to separate crimes committed by the defendant was not reversible error because this evidence was relevant to establish a pattern of conduct similar to the co…
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Salvatore v. State, 366 So. 2d 745 (Fla. 1978)…be tried by a jury of his peers. See Williams v. State, 285 So. 2d 13 (Fla.1973). Also, the attack upon the constitutionality of Section 40.01, Florida Statutes, is without merit, as this statute has been held to be constitutional. Wilson v. State, 330 So. 2d 457 (Fla.1976). The other objections to the jury panel raised by defendant are without merit. The Florida statute inflicting capital punishment has been held constitutional. Proffitt v. State, 315 So. 2d 461 (Fla.1975), aff. 428 U.S. 242, 96 S.Ct. 2960…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 110 So. 2d 654 (Fla. 1959)
- Reed v. State, 292 So. 2d 7 (Fla. 1974)
- Wilson v. State, 306 So. 2d 513 (Fla. 1975)