Griffin v. State

• Decision Date: 07 July 1994
• Docket Number: No. 77843,77843
• Parties: 19 Fla. L. Weekly S365 Michael Allen GRIFFIN, Appellant, v. STATE of Florida, Appellee.
• Court: Florida Supreme Court

Page 966

639 So.2d 966

19 Fla. L. Weekly S365

Michael Allen GRIFFIN, Appellant, v. STATE of Florida, Appellee.

No. 77843.

Supreme Court of Florida.

July 7, 1994.

Andrew M. Kassier, Sp. Asst. Public Defender, Miami, for appellant.

Robert A. Butterworth, Atty. Gen. and Fariba N. Komeily, Asst. Atty. Gen., Miami, for appellee.

PER CURIAM.

Michael Allen Griffin appeals his convictions of first-degree murder and other crimes and corresponding sentence of death. We have jurisdiction pursuant to article V, section 3(b)(1) of the Florida Constitution.

On April 27, 1993, Griffin, Samuel Velez, and Nicholas Tarallo determined to commit a burglary. They left Tarallo's apartment in Griffin's father's Cadillac and drove to the location of a white Chrysler LeBaron where they switched cars. Griffin had previously stolen the Chrysler, and he used the vehicle during burglaries. Once in the Chrysler, the three proceeded to search for an appropriate target. After driving around, the trio approached an apartment building in Broward County. Nothing happened at this location, and as they left, Griffin suggested they go to the Holiday Inn Newport where Griffin had committed successful burglaries in the past. Upon arriving at the Holiday Inn, Griffin and Velez exited the car, entered a hotel room, and stole a cellular phone and purse. The three then left the Holiday Inn. Tarallo drove while Griffin and Velez divided the stolen property.

While leaving the Holiday Inn and returning to the Cadillac, the three observed a police car. Griffin panicked and told Tarallo to turn, speed up, and turn several more times. During these maneuvers, another police car, driven by Officers Martin and Crespo, spotted the Chrysler, noticed the three men acting suspiciously, and began to follow. At this point, Tarallo tried to pull over but Griffin stated that he would not go back to jail and ordered Tarallo to continue to evade the police. Finally, Tarallo was able to pull over and attempted to exit the vehicle. As he got out, Griffin began shooting at the police, killing Officer Martin. After an exchange of gunfire, Tarallo and Velez exited the vehicle and surrendered to Officer Crespo. Griffin fled in the Chrysler and was eventually apprehended.

Griffin was charged with the first-degree murder of a law enforcement officer (Officer Martin), the attempted first-degree murder of a law enforcement officer (Officer Crespo), the burglary of the Holiday Inn room, two counts of grand theft (one involving the Chrysler LeBaron and one involving the items stolen from the hotel room), and one count of unlawful possession of a firearm by a convicted felon. ¹ After a jury trial, Griffin was convicted on all counts.

After the sentencing phase, the jury recommended death by a vote of ten to two. In his sentencing order, the trial judge found the following aggravating factors: (1) previous conviction of a felony involving violence (the attempted murder of Officer Crespo); (2) the capital felony was committed while the defendant was engaged in the commission of a burglary; (3) the murder was committed for the purpose of avoiding or preventing a lawful arrest; and (4) the murder was cold, calculated, and premeditated. § 921.141(5)(b), (d), (e), (i), Fla.Stat. (1991). In mitigation, the court found that Griffin was twenty years old at the time of the murder, had shown remorse, had a traumatic childhood, and had a learning disability. The judge determined that the aggravators outweighed the mitigators and followed the jury recommendation by sentencing Griffin to death.

As his first issue on appeal, Griffin argues that the trial court erred in allowing the State to elicit evidence of numerous acts of criminal behavior on the part of Griffin. Griffin points to six instances where the State introduced evidence that Griffin characterizes as Williams rule evidence. He claims that the State made this evidence a "feature" of the trial, and contends that the State failed to provide notice of its intent to rely on the evidence pursuant to section 90.404(2)(b)1., Florida Statutes (1991). Griffin also argues that the evidence was not relevant to prove any material issue in the case.

Generally, the test for the admissibility of evidence is relevance. § 90.402, Fla.Stat. (1991). Relevant evidence is defined as "evidence tending to prove or disprove a material fact." § 90.401, Fla.Stat. (1991). "Relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence." § 90.403, Fla.Stat. (1991).

Section 90.404(2)(a), Florida Statutes (1991), provides:

Similar fact evidence of other crimes, wrongs, or acts is admissible when relevant to prove a material fact in issue, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, but it is inadmissible when the evidence is relevant solely to prove bad character or propensity.

This rule of evidence is often called the "Williams rule," because the statutory language tracks the language in Williams v. State, 110 So.2d 654, 662 (Fla.), cert. denied, 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959). If the State wishes to introduce Williams rule evidence in a criminal action, it must provide the defendant notice, at least ten days before trial, of the acts or offenses it intends to offer. § 90.404(2)(b)1., Fla.Stat. (1991).

In the past, there has been some confusion over exactly what evidence falls within the Williams rule. The heading of section 90.404(2) is "OTHER CRIMES, WRONGS, OR ACTS." Thus, practitioners have attempted to characterize all prior crimes or bad acts of an accused as Williams rule evidence. This characterization is erroneous. The Williams rule, on its face, is limited to "[s]imilar fact evidence." § 90.404(2)(a), Fla.Stat. (1991) (emphasis added).

Thus, evidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence. It is admissible under section 90.402 because "it is a relevant and inseparable part of the act which is in issue.... [I]t is necessary to admit the evidence to adequately describe the deed." Charles W. Ehrhardt, Florida Evidence § 404.17 (1993 ed.); see Gorham v. State, 454 So.2d 556, 558 (Fla.1984), cert. denied, 469 U.S. 1181, 105 S.Ct. 941, 83 L.Ed.2d 953 (1985); Erickson v. State, 565 So.2d 328, 332-33 (Fla. 4th DCA 1990), review denied, 576 So.2d 286 (Fla.1991); Tumulty v. State, 489 So.2d 150, 153 (Fla. 4th DCA), review denied, 496 So.2d 144 (Fla.1986).

We turn now to the facts of the instant case. Count IV of the indictment under which Griffin was tried charged him with the theft of the white Chrysler LeBaron which Griffin used during burglaries. The car was rented by Mr. Richard Marshall. During the trial, Mr. Marshall testified that on the evening of April 23, 1990, he returned to the Miami Beach hotel where he was staying, placed the car keys on the dresser, and retired for the evening. When he awoke the next morning, Mr. Marshall found that the car keys and the car were gone.

Griffin concedes that his possession of the automobile was admissible because grand theft was a charge the jury was considering. However, Griffin argues that the testimony relating to the missing keys was inadmissible Williams rule evidence because it suggested that the hotel room had been burglarized, and was used by the State to show that Griffin had a propensity to burglarize motel rooms.

Mr. Marshall's testimony does not fall within the Williams rule. It was not introduced by the State as similar fact evidence. The manner in which the car keys were taken was inextricably intertwined with the theft of the automobile, one of the charges before the jury. The testimony was necessary to establish the entire context out of which the crime arose. Mr. Marshall's testimony was relevant and not unduly prejudicial. Therefore, there was no error in its admission.

Griffin next argues that the trial court erred in admitting certain testimony from Mr. Charles Pasco. Mr. Pasco testified that on the evening of April 26, 1990, his girlfriend and he were accosted and robbed at his home by three armed men. During the "home invasion" robbery, cash and a .357 Ruger handgun were stolen. Mr. Pasco identified the gun which Griffin used to murder Officer Martin as the one which was stolen from his home on April 26. Subsequently, Nicholas Tarallo testified that it was Griffin who stole the gun during the encounter with Mr. Pasco. ²

Griffin concedes that his possession of the murder weapon is relevant and admissible. However, he contends that how he obtained the murder weapon is not. We disagree. Mr. Pasco's testimony was necessary to identify the gun and to show that the gun was stolen from the possession of its rightful owner. Nicholas Tarallo's testimony identified the individual who stole the gun as Griffin, thereby establishing possession. This evidence was essential to show Griffin possessed the murder weapon. Therefore, it is relevant. Further, the State did not make a "feature" out of Mr. Pasco's testimony, and the probative value of the evidence outweighed any possible prejudice to Griffin.

Griffin next contends that the State elicited improper testimony from Nicholas Tarallo regarding a second stolen vehicle. However, there was no objection to the State's questions on Williams rule grounds, or on any other grounds. Therefore, the issue was not preserved for appellate review.

The fourth and fifth alleged Williams rule violations also involve the testimony of Nicholas Tarallo. On direct examination, Tarallo related the events leading up to the murder of Officer Martin. Tarallo testified that around midnight on April 27, Griffin, Velez, and he went out intending to rob someone. As they proceeded to Broward County...