Carrillo v. State, 97-00711.
| Decision Date | 19 February 1999 |
| Docket Number | No. 97-00711.,97-00711. |
| Citation | 727 So.2d 1047 |
| Parties | Juan CARRILLO, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.
DANAHY, PAUL W., (Senior) Judge.
Juan Carrillo challenges his aggravated assault conviction. We agree that the trial court committed reversible error when, over Carrillo's objection, it admitted into evidence statements he made at the time of his arrest in which the negligible probative value of the statements was substantially outweighed by the prejudice to him. Because the admission of the statements cannot be considered harmless error, we reverse.
Maria Lackey testified that at the time of the incident she and Carrillo were in a relationship and living together. On the day in question, they got into an argument because she would not loan him her car. She testified that she and Carrillo were sitting next to each other at their home when he picked up the chair he had been sitting on and raised it over his head. She was afraid because she didn't know whether he was going to throw it at her or what else he might do with it. She never indicated that Carrillo said that he would hit her with the chair. Carrillo put the chair down and Lackey left the house. An hour after the incident, she called the police and returned home with two officers because she wanted them to remove Carrillo from the house.
Deputy Jeremy Nygren testified that when he went with Lackey to the house, Carrillo was sitting calmly, watching television. The deputy then handcuffed Carrillo and read him his rights. Anticipating what the deputy would tell the jury next, Carrillo objected to the admission of any testimony regarding the angry statements he made during an outburst with the deputy that occurred an hour after the incident with Lackey. Carillo's objection was made on the ground that this testimony unfairly prejudiced him and that the prejudice substantially outweighed its probative value. Carrillo further asserted that his statements to the deputy merely reflected his state of mind as a result of his being arrested and were not relevant to his state of mind at the time of the incident. The trial court found the deputy's testimony to be admissible and granted Carrillo a standing objection.
Deputy Nygren then testified that after Carrillo was told of Lackey's allegations he became upset and stated, "I'm not going to jail for that bitch." When he was placed inside the police car, he banged his head on the side of the car, stamped his feet, and cursed. He yelled, "if I'm going to jail for this bitch, I might as well kill her." The prosecutor, in his closing argument, relied heavily upon Deputy Nygren's testimony.
Carrillo did not testify at his trial. His sister, Daisy Otero, testified that after the incident Lackey told her that Carrillo raised a chair, but not in anger, and not toward her.
Pursuant to section 90.403, Florida Statutes (1995), relevant evidence is...
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Denmark v. State
...482, 483 (Fla. 4th DCA 1985) (noting evidence can be remote in time or remote in sense of being too attenuated); Carrillo v. State, 727 So.2d 1047, 1048 (Fla. 2d DCA 1999) (holding under section 90.403 that threats and disruptive behavior occurring over an hour after aggravated assault was ......
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Burke v. State, 5D01-3192.
...v. State, 754 So.2d 657, 662 (Fla.2000)(cumulative evidence presented insufficient to warrant new trial). See also Carrillo v. State, 727 So.2d 1047, 1048 (Fla. 2d DCA 1999); Evans v. State, 473 So.2d 745 (Fla. 2d DCA 1985). We find that the trial court did not abuse its discretion in admit......
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McCallister v. State, 5D99-3069.
...the statement was error because the statement's probative value is far outweighed by the prejudice to McCallister. See Carrillo v. State, 727 So.2d 1047 (Fla. 2d DCA 1999). First, as in Carrillo, the prejudicial statement was made subsequent to the initial incident. In fact, the arrest was ......