Chester v. State
Citation | 213 So.3d 1080 |
Decision Date | 15 March 2017 |
Docket Number | CASE NO. 1D15–5254 |
Parties | Joseph CHESTER, Appellant, v. STATE of Florida, Appellee. |
Court | Court of Appeal of Florida (US) |
Candice Brower, Regional Conflict Counsel, and Michael J. Titus, Assistant Regional Conflict Counsel, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Quentin Humphrey, Assistant Attorney General, Tallahassee, for Appellee.
This appeal presents two issues: whether the trial court should have granted the appellant's motion for mistrial, and whether the trial court should have held a hearing to determine the appellant's competency to stand trial. We affirm as to the first issue and reverse as to the second.
Joseph Chester briefly lived with a childhood friend and that friend's girlfriend. The girlfriend was unappreciative of Chester's drinking, though, and the couple soon asked him to move out, which he did. Not long after that, the girlfriend awoke to find her back door open, her dogs on the loose, and her purse missing. While she was looking for her missing purse, her bank called to report suspicious activity on her credit card. The last she knew, that card had been in her now-missing purse. Alleging that Chester broke into his former residence, stole the purse, and used the card, the State charged Chester with burglary of a dwelling, fraudulent use of a credit card, and felony theft.
Chester admitted he used the credit card (he needed gas and cigarettes), and he admitted he had no business doing so. He pleaded no contest to fraudulent use of a credit card, but he went to trial on the remaining charges. He testified that he found the credit card in his van—not in a purse, and not in the house. And he testified that he never broke into the house. The jury did not believe him. It convicted him of both burglary and felony theft.
As Chester explains on appeal, his credibility was a critical issue at trial. The State argued below that the jury should disbelieve Chester because, among other things, he had twelve felony convictions. But the State also took the improper step of highlighting Chester's earlier refusal to talk to police. When Chester first offered his defense about finding the credit card in the van, the State directly asked whether he had ever told authorities that story before.
The State's question was improper. See Moss v. State , 169 So.3d 223, 229 (Fla. 1st DCA 2015) (); Floyd v. State , 129 So.3d 1214, 1214–15 (Fla. 1st DCA 2014) ( ). Therefore, the trial court was correct in sustaining the immediate objection (before Chester answered) and in instructing the jury to disregard the question. The issue here is whether the trial court abused its discretion in denying Chester's subsequent motion for mistrial. See Fitzpatrick v. State , 900 So.2d 495, 516 (Fla. 2005) ( ).
A trial court should grant a motion for mistrial "only when it is necessary to ensure that the defendant receives a fair trial." Cole v. State , 701 So.2d 845, 853 (Fla. 1997). Even when a prosecutor makes an improper comment on a defendant's right to remain silent, a trial court does not abuse its discretion in denying a mistrial where the comment "was not ‘so prejudicial as to vitiate the entire trial.’ " Poole v. State , 997 So.2d 382, 391 (Fla. 2008) (quoting Dessaure v. State , 891 So.2d 455, 464–65 (Fla. 2004) ); see also Rodriguez v. State , 753 So.2d 29, 39 (Fla. 2000) ( ).
We find that the trial court did not abuse its discretion in denying the motion. The isolated remark was met with an immediate objection, and the trial court provided an appropriate curative instruction. Under the particular facts of this case, the comment was not "so prejudicial as to vitiate the entire trial." Poole , 997 So.2d at 391 ; cf. also Goodwin v. State , 751 So.2d 537, 547 (Fla. 1999) ( ).
Next, we consider Chester's argument that the trial court should have ruled on his competency. Before trial, Chester had a competency evaluation, but the trial court never affirmatively decided the issue of competency. Instead, Chester's attorney told the judge at a pretrial hearing that "the doctor determined that he is competent." The parties then agreed to a trial date.
"[O]nce a trial court has reasonable grounds to question competency, the court ‘has no choice but to conduct a competency hearing.’ " Cotton v. State , 177 So.3d 666, 668 (Fla. 1st DCA 2015) (quoting Monte v. State , 51 So.3d 1196, 1202 (Fla. 4th DCA 2011) ); see also Fla. R. Crim. P. 3.210(b). Here, the record includes no order requiring an evaluation, no evaluation report, and no hint of what led to the evaluation in the first place. Nonetheless, the court conducted what the docket referred to as a "mental health hearing," and it heard counsel's representation that there had been an...
To continue reading
Request your trial-
Riggins v. Rhoades
... ... 4th DCA 2004). "A ... motion to dismiss ... tests the legal sufficiency of a ... complaint to state a cause of action and is not intended to ... determine issues of ultimate fact." Landmark ... Funding, Inc. ex. rel. Naples Syndications, ... ...
-
Landmark Funding, Inc. ex rel. Naples Syndications, LLC v. Chaluts
... ... v. Azize , 965 So.2d 151, 153 (Fla. 2d DCA 2007). "A motion to dismiss ... tests the legal sufficiency of a complaint to state a cause of action and is not intended to determine issues of ultimate fact." McWhirter, Reeves, McGothlin, Davidson, Rief & Bakas, P.A. v. Weiss , ... ...
-
Williams v. State
... ... a proper objection would have changed the outcome of the ... trial. Similarly, if defense counsel had moved for a ... mistrial, there is no reasonable probability that a mistrial ... would have been granted. See Chester v. State, 213 ... So.3d 1080, 1082 (Fla. 1st DCA 2012) ("Even when a ... prosecutor makes an improper comment on a defendant's ... right to remain silent, a trial court does not abuse its ... discretion in denying a mistrial where the comment 'was ... not so ... ...
-
Thurston v. State, 1D17–2548
...We have held, though, that a conviction can stand if the trial court can retroactively determine competency. Chester v. State , 213 So.3d 1080, 1083 (Fla. 1st DCA 2017) ; see also Dougherty v. State , 149 So.3d 672, 679 (Fla. 2014). Here, although the trial was already underway, the court p......