Endress v. State
| Decision Date | 30 January 1985 |
| Docket Number | No. 83-2295,83-2295 |
| Parties | 10 Fla. L. Weekly 293, 10 Fla. L. Weekly 857 James R. ENDRESS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Norman S. Cannella of Norman S. Cannella, P.A., Tampa, and Bennie Lazzara Jr., of Bennie Lazzara, Jr., P.A., Tampa, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and James H. Dysart, Asst. Atty. Gen., Tampa, for appellee.
Appellant appeals his conviction of first degree murder and resulting sentence to life imprisonment without eligibility for parole for twenty-five years. We affirm.
Appellant raises three points on appeal. One of his points concern the scope of the testimony of an expert witness. A Dr. Miller, an associate Hillsborough County Medical Examiner, was called and qualified as a medical expert to establish the cause of death of the victim. His opinion was that death was by strangulation, caused by multiple injuries on the victim's neck. In addition, he offered his opinion as to the number of possible assailants and their relative strength compared to the victim. We conclude that the matters concerning which the expert testified were within his expertise. The trial court has broad discretion concerning the range of subject matter upon which experts may testify and absent clear showing of error, that exercise of discretion will not be disturbed on appeal. Johnson v. State, 393 So.2d 1069 (Fla.1980).
Another of appellant's points also rests largely within the trial court's discretion. That point dealt with the trial court, at the state's request, calling a witness favorable to the state as the court's witness. The witness's trial testimony was expected to contradict previous statements given to defense counsel. It was within the trial court's discretion, under those circumstances, to call the witness as the court's witness. McCloud v. State, 335 So.2d 257 (Fla.1976); Delanie v. State, 362 So.2d 689 (Fla. 2d DCA 1978).
Appellant's remaining point concerns the trial court's refusal to suppress certain of his statements made subsequent to his arrest. While there are cases which fall on both sides of the issue of suppression under somewhat similar circumstances, we feel that the circumstances of this case clearly support the trial court's refusal to suppress.
Appellant was arrested at approximately 7:15 a.m., on October 28, 1981, for a homicide that had occurred at a motel within the city limits of Tampa on October 13, 1981. At the time of the homicide, appellant was a resident of the motel. Appellant is an adult male. Prior to his arrest, his father had requested that the Tampa police not question appellant until the father could talk with him at the Tampa Police Department. The arresting officers honored the father's request. They also advised appellant of his constitutional rights at the time of his arrest and he indicated he understood those rights. Later, appellant was booked into the Hillsborough County Jail on a charge of first degree murder. The homicide investigation continued to be within the jurisdiction of the Tampa Police Department, even though appellant was booked into the Hillsborough County Jail in the custody of the Hillsborough County Sheriff.
After being booked into the Hillsborough County Jail, a Detective Hunt with the sheriff's office, noticed on a...
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