Hall v. State, No. 93-358

CourtCourt of Appeal of Florida (US)
Writing for the CourtW. SHARP; DAUKSCH; THOMPSON; THOMPSON
Citation634 So.2d 1124
Parties19 Fla. L. Weekly D797 James Edward HALL, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. 93-358
Decision Date08 April 1994

Page 1124

634 So.2d 1124
19 Fla. L. Weekly D797
James Edward HALL, Appellant,
v.
STATE of Florida, Appellee.
No. 93-358.
District Court of Appeal of Florida,
Fifth District.
April 8, 1994.

Page 1125

Terrence E. Kehoe of Law Offices of Terrence E. Kehoe, Orlando, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kimberly D. Nolen and Kristen L. Davenport, Asst. Attys. Gen., Daytona Beach, for appellee.

W. SHARP, Judge.

Hall appeals from his convictions and sentences for resisting an officer with violence, 1 (Count I) and aggravated assault on a law enforcement officer with a firearm 2 (Count II). A jury found him guilty of both offenses. He was sentenced as an habitual offender to ten years on Count I, and twenty years on Count II, concurrently. He argues this case should be reversed and remanded for a new trial because of errors in admitting evidence of the arresting deputy's good-conduct record, and in failing to instruct the jury on necessarily included lesser offenses for Count II. We agree and reverse.

The major error in this case was the trial court's allowing the state, over defense counsel's objection, to inquire about Deputy Carpenter's good conduct record, and the lack of any disciplinary proceedings during his twelve years of service with the Orange County Sheriff's Office. Deputy Carpenter's good conduct record was again referenced in the state's closing argument.

In this case, the deputy testified he heard a BOLO for a red car containing three individuals, who were armed. It was approximately 3:30 a.m. He saw a car matching the BOLO description parked on a street, in a cul-de-sac of a residential subdivision. He saw two individuals occupying the car and observed the brake lights flash.

The deputy blocked the driver's door with his car, turned on his lights and gave orders to the driver to put his hands on the dashboard. The driver refused to obey the deputy's orders, cursed him, tried to get out of the car, and pulled a gun on the deputy. The deputy testified he did not shoot Hall because both Hall and the passenger looked so young (fourteen years-of-age), and the passenger could have been hit inadvertently.

Deputy Carpenter explained each of his actions which culminated in handcuffing Hall on the ground before "backup" deputies arrived, as necessary to safeguard his life. He was alone, although he had a K-9 dog in his car which was not used. It was dark, late at night and no other people were nearby. There were two potentially armed persons he had to deal with simultaneously. He also had to be concerned with one or both of them fleeing in their car, or using it as an additional weapon against him.

On cross-examination, the defense elicited from the deputy the fact that he was a large man; 3 Hall was a small individual. The deputy admitted to having said he ordered Hall out of the car in his arrest report. He grabbed Hall by the hair to "disable" him, drew his gun on him before he knew Hall had a weapon, and later after Hall was out of the car and on the ground, put his knee in Hall's back while handcuffing him.

The passenger also testified later that Hall at all times was trying to comply with the

Page 1126

deputy's orders. He said the deputy ordered Hall to get out of...

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3 practice notes
  • Little Bridge Marina, Inc. v. Jones Boat Yard, Inc., Nos. 94-1878
    • United States
    • Court of Appeal of Florida (US)
    • 10 Abril 1996
    ...attorney was highly prejudicial to the appellant and, therefore, constituted harmful error. Dempsey, 589 So.2d at 373; Hall v. State, 634 So.2d 1124 (Fla. 5th DCA 1994); see generally State v. DiGuilio, 491 So.2d 1129, 1135 Based on the foregoing, we need not reach appellant's argument conc......
  • Smith v. State, No. 94-962
    • United States
    • Court of Appeal of Florida (US)
    • 3 Mayo 1996
    ...of the child and impermissibly intruded into the role of the jury. Reyes v. State, 580 So.2d 309, 310 (Fla. 3d DCA 1991); Hall v. State, 634 So.2d 1124 (Fla. 5th DCA 1994). Further, since Smith did not attack the child's character relating to truthfulness, or put at issue the child's charac......
  • Hall v. Moore, No. 1D00-931.
    • United States
    • Court of Appeal of Florida (US)
    • 31 Enero 2001
    ...first portion of his sentences, the convictions that resulted in the habitual felony offender sentence were reversed. See Hall v. State, 634 So.2d 1124 (Fla. 5th DCA 1994). Following a new trial, he was again convicted and sentenced as an habitual felony offender. This time, he received a 1......
3 cases
  • Little Bridge Marina, Inc. v. Jones Boat Yard, Inc., Nos. 94-1878
    • United States
    • Court of Appeal of Florida (US)
    • 10 Abril 1996
    ...attorney was highly prejudicial to the appellant and, therefore, constituted harmful error. Dempsey, 589 So.2d at 373; Hall v. State, 634 So.2d 1124 (Fla. 5th DCA 1994); see generally State v. DiGuilio, 491 So.2d 1129, 1135 Based on the foregoing, we need not reach appellant's argument conc......
  • Smith v. State, No. 94-962
    • United States
    • Court of Appeal of Florida (US)
    • 3 Mayo 1996
    ...of the child and impermissibly intruded into the role of the jury. Reyes v. State, 580 So.2d 309, 310 (Fla. 3d DCA 1991); Hall v. State, 634 So.2d 1124 (Fla. 5th DCA 1994). Further, since Smith did not attack the child's character relating to truthfulness, or put at issue the child's charac......
  • Hall v. Moore, No. 1D00-931.
    • United States
    • Court of Appeal of Florida (US)
    • 31 Enero 2001
    ...first portion of his sentences, the convictions that resulted in the habitual felony offender sentence were reversed. See Hall v. State, 634 So.2d 1124 (Fla. 5th DCA 1994). Following a new trial, he was again convicted and sentenced as an habitual felony offender. This time, he received a 1......

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