ROBIN E. PACK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Robin Pack was convicted of third degree murder in the death of an elderly woman during a purse snatching. The Second District Court of Appeal reversed his conviction because the trial court improperly admitted evidence of other criminal incidents under the Williams Rule.
The court held that the introduction of evidence regarding the check cashing incident constituted a flagrant violation of the Williams Rule because it was only relevant to show character and propensity to commit crimes, which are impermissible uses under that rule.
[1] Evidence of collateral crimes is admissible only when relevant to an issue other than character or propensity to commit crime, such as identity, motive, intent, guilty kn…
[2] The introduction of evidence of a check cashing incident was a violation of the Williams Rule when the only conceivable relevance was to the defendant's character and pro…
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 intelligence“In this jurisdiction a citizen accused of committing a crime, no matter how heinous or reprehensible it may be in the eyes of society, is entitled to be informed as to the nature of the charge against him and afforded an opportunity to prepare his defense prior to being put to trial.”
Establishes the fundamental procedural right that a defendant must be tried only for the specific crime charged, not for other unrelated incidents.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePack snatched a purse from 86-year-old Hazel Brown, who fell and subsequently died from injuries sustained in the incident. Four witnesses testified a…
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DANAHY, Judge.
The motion for rehearing by appellee is granted in part and it is therefore OR DERED that the opinion filed by this court on June 28, 1978 is withdrawn and the following opinion is substituted in lieu thereof.
Appellant asks us to reverse his conviction for third degree murder because much of the evidence introduced against him was in violation of the Williams Rule. After extensive examination of the briefs, the record, and additional research materials, we conclude that we must grant his request.
The Sarasota Grand Jury indicted appellant on a charge of first degree murder in the death of Hazel Brown. At trial, the state developed its case on the theory of felony murder. The testimony of four witnesses, two bystanders and two companions of appellant, demonstrated that Mrs. Brown, who was eighty-six years old, was walking home from a store with a bag of groceries in her arms when a car pulled up beside her. Appellant stepped quickly from the car and grabbed Mrs. Brown’s purse. He then returned to his seat and the car drove off. In the scuffle over her bag, Mrs. Brown fell and was injured. She subsequently died as a result of these injuries.
Appellant took the stand and testified in his own behalf. He admitted snatching the purse from Mrs. Brown, but he said that he never touched her and that she was still standing when he got back into the car. In addition to the evidence of the crime with which it charged appellant, the state presented evidence of two separate criminal episodes in which appellant was involved. Appellant’s two companions, Sharon Kent and Elizabeth Poppell, testified that just prior to the purse snatching incident, appellant had attempted to steal money from an elderly resident of the retirement community where the two girls worked. Elizabeth Poppell and her husband also testified that earlier that same morning, appellant forged a check which he had found at a laundromat and attempted unsuccessfully to cash it at several banks.
Appellant objected to the introduction of the testimony concerning the retirement center and check cashing incidents, and the trial court overruled his objections. While we have very serious reservations about the injection of the retirement community incident into the trial, we will not consider it further because we hold that the introduction of evidence of the check cashing incident was error. We begin our analysis as we do with all similar situations with Williams v. State, 110 So. 2d 654 (Fla.1959). In Williams, the supreme court held that the state may introduce evidence of collateral crimes when it is relevant to any issue at trial other than character or propensity to commit crime. In other words, collateral crimes may be used to prove such things as identity, motive, intent, or guilty knowledge, or to show a continuing scheme or plan or a lack of accident or mistake. Whiteman v. State, 343 So. 2d 1340 (Fla.2d DCA 1977); Green v. State, 190 So. 2d 42 (Fla.2d DCA 1966).
Turning to the case at bar, we find that the introduction of the testimony concerning the check cashing incident was a flagrant violation of the Williams Rule. The only issues to which this evidence could have had any conceivable relevance were appellant’s character and propensity to commit crimes. Accordingly, the testimony was inadmissible.
It is clear that what we have said mandates a reversal. This is an unfortunate result in light of the fact that the evidence against appellant was so clear. However, we cannot condone prosecutorial overkill. The state may only prosecute a defendant for a crime with which it has charged him. As the court said in Lucas v. State, 257 So. 2d 261, 263 (Fla.1st DCA 1971),
In this jurisdiction a citizen accused of committing a crime, no matter how heinous or reprehensible it may be in the eyes of society, is entitled to be informed as to the nature of the charge against him and afforded an opportunity to prepare his defense prior to being put to trial. We reverse appellant’s conviction and remand the case for a new trial.
HOBSON, Acting C. J., and SCHEB, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sneed v. State, 397 So. 2d 931 (Fla. 5th DCA 1981)…he State is not authorized to inquire further than it would otherwise have been allowed to. Leonard v. State, 386 So. 2d 51 (Fla.2d DCA 1980). Cross examination regarding an irrelevant criminal incident constitutes reversible error.. Pack v. State, 360 So. 2d 1307 (Fla.2d DCA 1978); Henry v. State, 356 So. 2d 61 (Fla. 4th DCA 1978). The nature of the crime for which appellant was previously convicted is not relevant to any issue in this case. Since appellant’s credibility was a critical factor for the jury’s…
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Mitchell v. State, 491 So. 2d 596 (Fla. 1st DCA 1986)…of mistake or accident, but is inadmissible when the evidence is relevant solely to prove bad character or propensity. . Compare Justus v. State, 438 So. 2d 358 (Fla. 1983) and Warren v. State, 443 So. 2d 381 (Fla. 1st DCA 1983) with Pack v. State, 360 So. 2d 1307 (Fla. 2nd DCA 1978). In the latter case, the evidence of collateral bad acts served solely to establish the bad character of the defendant. In the former cases, as in the present case, the evidence of other bad acts was relevant to understanding the…
Authorities Cited
- Williams v. State, 110 So. 2d 654 (Fla. 1959)
- Green v. State, 190 So. 2d 42 (Fla. 2d DCA 1966)
- O'Sullivan v. Alday, 257 So. 2d 261 (Fla. 1st DCA 1972)
- Whiteman v. State, 343 So. 2d 1340 (Fla. 2d DCA 1977)