ROBERT ANTHONY FLOYD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1978-08-08
No. 77-2702
Before PEARSON, BARKDULL and KEHOE, JJ.
361 So. 2d 802 Florida District Court of Appeal, Third District (1978) Caution
Cited by 10 cases

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Synopsis

Robert Anthony Floyd was convicted of burglary after forcing his way into a woman's home. The appeal challenges the admission of oral statements not disclosed during discovery and argues the evidence was insufficient to prove intent to commit a felony, but the court affirmed the conviction.


Holding

The trial court did not abuse its discretion in admitting the statements because defense counsel knew or could have discovered the substance through reasonable diligence. The evidence was sufficient to support the conviction because the jury could reasonably find the defendant's proffered hypothesis unreasonable in light of his admission of intent, telephone call announcement, and forced entry through two locked doors.


Headnotes

[1] A trial court does not abuse its discretion in admitting evidence of oral statements made by a defendant to police when the defense knew or could have discovered the subs…

[2] Evidence of breaking down two locked doors and admitting an intent to have sexual relations is sufficient to prove the intent to commit a felony within a dwelling, even i…

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Key Quotes

“We hold that the trial judge's decision was not an abuse of discretion because it is apparent from the record that the defense counsel knew or, in the exercise of reasonable diligence, could have discovered the substance of the oral statements made to the police officer.”

Establishes the standard for discovery violations—that even if nondisclosure occurred, reversal is not required if defense counsel could have discovered the information through reasonable diligence.

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Facts & Procedural History

Floyd, a friend and neighbor of the victim, telephoned a young woman alone in her home expressing desire for sexual relations. He forcibly opened her …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant, Robert Anthony Floyd, was found guilty by a jury of burglary. This appeal presents two points: (1) That the trial court erred in allowing into evidence two oral statements made to a police officer at the scene of the crime where the substance of the statements were not revealed by the State upon demand for discovery. (2) That the evidence is insufficient to sustain the verdict because the intent to commit a felony in the dwelling was not proved. ,

The evidence at trial revealed that the defendant, a friend and neighbor of the intended victim, telephoned the victim, a young woman who was alone in her home, and wanted to have sexual relations with her. He forced open the locked door to her residence, tearing off a bolt lock in the process, and broke open the locked bedroom door, shattering the door in the process. He was shot and wounded by the intended victim and was arrested shortly thereafter. Two statements that were made by the defendant to police officers at the police station were admitted into evidence after the denial of defendant’s motion to suppress. At the hearing on the motion, it was revealed that the defendant had made oral statements to the police at the time of his arrest. At the trial, it appeared that these oral statements were contradictory as to whether the defendant was inside or outside the house at the time he was shot.

The defendant’s claim of error upon the admission of the oral statements is predicated upon his demand for discovery and the State’s response thereto. The relevant demand made, pursuant to Fla.R.Crim.P. 3.220, was:

“Any oral, written, or recorded statement made by any person to the police, to the State Attorney, or to the grand jury which tends to establish the accused’s innocence or to impeach or contradict the testimony of any witness whom the State will call at the trial of the cause.”

The State’s response was:

“All statements or summaries of statements made by the defendant are available for copying by contacting the undersigned Assistant State Attorney pursuant to Rule 3.220(a)(3).”

At trial, the defendant objected to the introduction of testimony concerning the oral statements on the ground that the State had not made discovery of the statements as required by the rule, although the police officer’s name had been furnished as a prospective witness.

Pursuant to the holding in Richardson v. State, 246 So. 2d 771 (Fla.1971), and Fla.R.Crim.P. 3.220(j)(l), the court made inquiry into the surrounding circumstances and determined that the State’s noneompliance with the rule (if noncompliance should be found) had not prejudiced the ability of the defendant to prepare for trial properly. The defendant urges that this determination was an abuse of discretion on the part of the trial judge. We hold that the trial judge’s decision was not an abuse of discretion because it is apparent from the record that the defense counsel knew or, in the exercise of reasonable diligence, could have discovered the substance of the oral statements made to the police officer. Cf. Kelsey v. State, 267 So. 2d 685 (Fla. 1st DCA 1972); and State v. Gillespie, 227 So. 2d 550 (Fla. 2d DCA 1969).

The defendant’s second claim of error urges that the evidence of intent to commit sexual battery was entirely dependent upon circumstantial evidence which did not preclude the reasonable possibility that the defendant broke into the house for purposes other than sexual battery. It is argued that the familiarity between the defendant and the young woman, although never extending to sexual intercourse, coupled with defendant’s testimony that the young, woman had said that she would leave “the door unlocked,” raised a reasonable hypothesis that the defendant would have desisted in his advances if the young woman had objected.

We hold that the jury could find, as it did, that the hypothesis was unreasonable, in view of defendant’s admission that he entered the house to have sexual relations with the young woman, his admitted telephone call announcing his intention, and the fact that he broke down two doors barring his way. See Gilchrist v. State, 177 So. 2d 777 (Fla. 1st DCA 1965).

Affirmed.


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Citator

Cited By

  • Sireci v. State, 399 So. 2d 964 (Fla. 1981)
    …sed by the fact that a ballistics expert had been left off the list of witnesses, where defense counsel reasonably should have been aware of the state’s proposed proof by reason of information already known to the defendant. See also Floyd v. State, 361 So. 2d 802 (Fla. 3d DCA 1978), cert. denied, 368 So. 2d 1366 (Fla.1979); Cooper v. State, 356 So. 2d 911 (Fla. 3d DCA 1978), cert. denied, 368 So. 2d 1364 (Fla. 1979). During the cross-examination of state witness Perkins the defense attempted to impeach her…
  • Denny v. State, 404 So. 2d 824 (Fla. 1st DCA 1981)
    …he defense. Fla.R. Crim.P. 3.220(l)(xi). However, the defense attorney never contacted the prosecutor to exercise his right to copy or inspect. Therefore, Denny has not demonstrated that the state violated the rules of discovery. See Floyd v. State, 361 So. 2d 802 (Fla.3d DCA 1978). The claim that the State’s closing argument was improper is also without merit. In his closing comments, the defense counsel argued that Denny lacked the ability to form the intent to kill on the night of the crime. In rebuttal,…
  • Gant v. State, 477 So. 2d 17 (Fla. 3d DCA 1985)
    …e the tape recorded his voice making statements which arguably contradicted such a theory, its late disclosure clearly prejudiced the preparation of his case. . It is the lack of inquiry which distinguishes this case from cases like Floyd v. State, 361 So. 2d 802 (Fla. 3d DCA 1978) and King v. State, 355 So. 2d 831 (Fla. 3d DCA), cert. denied, 364 So. 2d 887 (Fla.1978), in which an inquiry was made and a reasonable remedy provided.…

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