Corbett v. State, 76072
| Decision Date | 11 June 1992 |
| Docket Number | No. 76072,76072 |
| Citation | 602 So.2d 1240 |
| Parties | 17 Fla. L. Weekly S355 Ricky Steve CORBETT, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida Supreme Court |
Nancy A. Daniels, Public Defender and W.C. McLain, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen. and Giselle D. Lylen, Asst. Atty. Gen., Miami, for appellee.
Ricky Steve Corbett appeals his convictions for first-degree murder, kidnapping, armed robbery, and use of a firearm during the commission of a felony, and his resulting sentences, including the death sentence. We have jurisdiction. 1 For the reasons expressed, we affirm Corbett's convictions but find that we must vacate the death sentence and remand for a new penalty phase proceeding. We affirm the sentences for the other convictions.
Corbett and his codefendant, Donnie Phillips, were charged with robbery of a liquor store and the kidnapping and murder of the store clerk, Sherry Lynn Dailey. Phillips was convicted in a separate proceeding and received a life sentence for the murder of the clerk.
The facts, as established by the record, reflect that on May 5, 1989, Dailey disappeared from the King Bee Liquor Store in Freeport, Florida. Shortly after 10:30 a.m., a customer entered the liquor store and found the store abandoned and the cash register open. The store manager was called and it was determined that exactly $112 was missing from the store register. The register showed that the last sale, for $1.20's worth of merchandise, took place between 10:22 and 10:32 that morning. Furthermore, Dailey's purse was found in the store. Several witnesses stated that they saw a brown car in the vicinity of the liquor store on the morning of May 5. One witness stated that she saw a brown car in which were two black males and one white female. This witness positively identified the woman as Sherry Dailey.
Joyce Anderson owned the brown car that was identified by several of the witnesses as the car they saw in the vicinity of the liquor store. Anderson's testimony established that, on May 5, Anderson loaned the car to Corbett, who left Anderson's home in the car at approximately 6:00 a.m. Several other witnesses testified that they saw Corbett in the brown car with Donnie Phillips at various times on the morning of May 5. Donnie Phillips' brother testified that he saw a .38 caliber firearm and ammunition at his and his brother's house on May 4, 1989, while Donnie Phillips was there.
On May 8, Corbett agreed to give Tommy Watson and Terry Poston a ride to Freeport in Anderson's car. According to Watson, Corbett stopped the car and walked with Poston into the woods. Poston confirmed this testimony and stated that the two walked to an area where Corbett showed him the body of a woman. Poston testified that, upon showing him the body of the woman, Corbett stated, "That's what I think about life." Furthermore, Corbett stated that he needed someone to talk to because he was having bad dreams. Two days later, on May 11, Poston led police to the body of Sherry Dailey. Poston stated that he told Watson about the body and that they did not go to the police because they were scared of the codefendants.
Dailey's nude and badly decomposed body was found in a swampy area. Dailey had been shot four times: once in the head, once through the roof of the mouth, and twice through her left palm. The codefendant, Phillips, directed the investigating officers to Dailey's clothes, which were hidden in a plastic jug nearby. Phillips also led police to a pair of men's tennis shoes that the record reflected were similar to a pair owned by Corbett. Dailey's right ring finger had been amputated and there was a large skinning-type wound which wound from the navel, between the legs, to the anus. The pathologist first concluded that the skinning injury could have been caused by decomposition and maggots. However, he later testified that the injury appeared as if someone had used a knife to cut the skin away. Other physical evidence included the fact that fibers found in the victim's clothing were consistent with the carpet found in the brown vehicle driven by Corbett and Phillips. Corbett's palm print was also found on the counter of the liquor store.
Jessie Wooden, Phillips' and Corbett's cellmate, testified that Corbett told him that they initially planned to rob a bank or a Junior Food Store, but settled on robbing the liquor store. Corbett told Wooden that they robbed the liquor store and kidnapped the clerk just to scare her. It was established that the State did not know about this witness until the Friday preceding the trial, which was to commence on the following Monday. Based on this evidence, Corbett was found guilty of first-degree murder, kidnapping, armed robbery, and the use of a firearm during the commission of a felony.
During the penalty phase of the trial, the State presented a certified copy of Corbett's prior conviction for armed robbery, choosing not to present any additional testimonial evidence. Corbett presented testimony of a psychologist, who stated that Corbett had an IQ of 80, which is in the dull-normal range of intelligence. The psychologist testified that Corbett read at a fifth-grade level and performed arithmetic at a seventh-grade level. The psychologist also set forth Corbett's personal history, stating that Corbett grew up in a poor family, that his mother had six children but never married, and that, after Corbett's mother died, the children were split up and went to live with various relatives. The psychologist concluded that Corbett had a mental age of about fourteen and that he was neither psychotic nor suffering from any gross mental illness.
An investigator from the Walton County Sheriff's Office testified that Corbett had assisted them in making undercover drug buys, was not paid for this work, and on several occasions had provided substantial assistance to the sheriff's office. He also testified that Phillips was approximately 6 feet 2 inches tall and weighed 250 pounds. At the conclusion of the penalty phase, the jury recommended the death penalty by a seven-to-five vote.
Corbett raises two claims in his appeal of the guilt phase of the trial. In his first claim, Corbett asserts that the trial court erred in denying his motion for continuance because the late disclosure that Wooden would be called as a witness deprived him of the opportunity to investigate potential impeachment evidence. As previously noted, Wooden testified as to incriminating statements Corbett made while in jail. The trial court conducted a proper Richardson 2 hearing and determined that the State had provided the name of the witness as soon as it was known. Defense counsel argued that more time was needed for the defense to investigate for possible impeachment information and identify other inmates present when the statements were allegedly made. After arranging for defense counsel to depose Wooden, the court denied the motion for continuance. Based on the record, we find that Corbett's defense was not prejudiced by the late notice that Wooden would be a witness. Nothing was specifically proffered in posttrial motions to indicate what additional impeachment evidence concerning the other inmates would have been presented at trial had defense counsel been given an opportunity to make this investigation. We find no showing that the trial court abused its discretion under the circumstances of this cause.
In his second claim, Corbett argues that the trial court erred in restricting the cross-examination of a State witness by not permitting inquiry into the witness's pending criminal charges. While questioning Terry Poston, defense counsel asked the following questions:
Q. Mr. Poston, the reason you went to Freeport is because you thought you were going to get arrested, isn't it?
A. I guess you could say that.
Q. You knew they had warrants out for your arrest?
The prosecutor objected on the ground that defense counsel was improperly attempting to impeach the witness because the question was not limited to prior felony convictions. Corbett argues that the trial court incorrectly assumed that defense counsel was attempting a general impeachment by showing that the witness had outstanding arrest warrants or prior arrests. Corbett recognizes that general impeachment is not permitted, but argues that he was entitled to impeach the witness with pending criminal charges on the basis of our statement in Torres-Arboledo v. State, 524 So.2d 403 (Fla.), cert. denied, 488 U.S. 901, 109 S.Ct. 250, 102 L.Ed.2d 239 (1988). In Torres-Arboledo we stated: "When charges are pending against a prosecution witness at the time he testifies, the defense is entitled to bring this fact to the jury's attention to show bias, motive or self-interest." Id. at 408.
In response, the State notes that the issue of pending criminal action was already before the jury for its consideration because of Poston's own testimony, in which he had...
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