Hedges v. State, 94-1470
| Decision Date | 19 January 1996 |
| Docket Number | No. 94-1470,94-1470 |
| Citation | 667 So.2d 420 |
| Parties | 21 Fla. L. Weekly D235 Debra Faye HEDGES, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
An appeal from the Circuit Court for Columbia County. John Peach, Judge.
Nancy A. Daniels, Public Defender; Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; Richard Parker, Assistant Attorney General, Tallahassee, for Appellee.
Convicted of battering one William Adams, Debra Faye Hedges argues that the trial court erred in excluding evidence she proffered of specific acts of violence Mr. Adams had committed, acts that Ms. Hedges testified she was aware of when she struck him. She testified that when she saw Mr. Adams on the day of the crime, he told her "I'll beat you up," and hit her before she hit him. Ms. Hedges maintained that she only hit Mr. Adams in defense of herself and her son. We reverse.
At a pre-trial hearing on the state's motion in limine, defense counsel proffered Ms. Hedges' testimony regarding her knowledge of prior violent acts Mr. Adams had been guilty of:
Q Was there something in your experiences from living there in the past that caused you to believe what she was telling you?
A [Adams] is always going around--he's beaten on Kathryn quite a few times. He beat up her sister. He beat up Frankie Boyles, which is a retarded guy that lives up the hill. And he's been going around just being a big bully to these old people around here, I mean, just slapping them around, hitting them.
....
Q Had you had confrontations with him in the past when he was intoxicated and appeared to be intoxicated?
A Not me, but like my boyfriend and him had little words and stuff, and my boyfriend kicked him out of the trailer. His own nephew who lived next door to him they have gotten into it. And a few other nephews of [Adams], you know, they get drinking out there and they're ready to fight out in the yard and stuff.
Reserving ruling till trial, the trial judge decided that this evidence of prior specific acts was inadmissible. 1 Three times defense counsel sought to elicit testimony about Mr. Adams' violent behavior before May 20, 1993, the day of the offense. Three times the trial court disallowed it. 2
Character evidence is generally inadmissible to prove what action a person took. The Legislature has, however, codified statutory exceptions to the general rule excluding such evidence:
(1) CHARACTER EVIDENCE GENERALLY.--Evidence of a person's character or a trait of his character is inadmissible to prove that he acted in conformity with it on a particular occasion, except:
....
(b) Character of victim.--
1. Except as provided in s. 794.022 [], evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the trait....
§ 90.404, Fla.Stat. (1993). This exception permits an accused to use character evidence to show that the victim of a crime was the aggressor and that the accused acted in self-defense.
To prove the victim's dangerous character, evidence either of the victim's reputation for violence or of specific prior acts of violence is admissible, when the defendant knew of the victim's violent acts or of his violent reputation at the time of the alleged offense. Such evidence 3 tends to show that the defendant acted in self-defense. Smith v. State, 606 So.2d 641 (Fla. 1st DCA 1992). Evidence of prior specific acts of violence by the victim is admissible because it is relevant "to reveal the reasonableness of the defendant's apprehension at the time of the incident." Id. at 642-43, citing Quintana v. State, 452 So.2d 98, 100 (Fla. 1st DCA 1984).
Before a defendant may offer this type of character evidence, a proper predicate must be laid by evidence of some overt act on the victim's part at or about the time of the incident which reasonably indicated to the defendant a need to act in self defense. Smith, 606 So.2d at 643; see also, Quintana, 452 So.2d at 100. Quintana clarified this threshold requirement.
[W]here there is even the "slightest evidence" of an overt act by the victim "which may be reasonably regarded as placing the accused apparently in imminent danger of losing his life or sustaining great bodily harm" all doubts as to the admissibility of evidence bearing on his theory of self-defense must be resolved in favor of the accused.
Id., citing Hawthorne v. State, 377 So.2d 780, 787 (Fla. 1st DCA 1979). In the instant case, appellant met Quintana 's threshold requirement with her testimony that Mr. Adams threatened to "beat [her] up," then struck her. This testimony "may be reasonably regarded as placing the accused in imminent danger of ... sustaining great bodily harm." 452 So.2d at 100; Sanchez v. State, 445 So.2d 1, 2 (Fla. 3d DCA 1984).
A defendant need not be present when the prior acts occur, as long as he or she has knowledge of the acts at the time of the incident in question. Smith, 606 So.2d at 643, citing Smith v. State, 410 So.2d 579 (Fla. 4th DCA), review denied, 419 So.2d 1200 (Fla.1982). Ms. Hedges's pre-trial proffer in the instant case established such knowledge. After a proper predicate has been laid, "all doubts as to the admissibility of evidence bearing on his theory of self-defense must be resolved in favor of the accused." Warren v. State, 577 So.2d 682, 684 (Fla. 1st DCA 1991). The trial court should not have excluded the proffered evidence.
Reversed and remanded.
In my view, Hedges did not preserve the error which she claims was committed by the trial judge. The State filed a pretrial motion in limine to exclude certain testimony relating to prior specific acts of violence. The trial judge reserved ruling on the issue. At trial, during the testimony of Ms. Eaton, the following colloquy took place:
Q Did you see things that made you further believe what she was telling you?
A Yes, sir.
Q And what was that?
Q From prior experiences living there, did you have reason to believe her?
To continue reading
Request your trial
-
Antoine v. State
...it is relevant ‘to reveal the reasonableness of the defendant's apprehension at the time of the incident.’ ” Hedges v. State, 667 So.2d 420, 422 (Fla. 1st DCA 1996) (quoting Smith, 606 So.2d at 642–43). “[S]pecific acts of aggression and violence by the victim are inadmissible to prove that......
-
SIMON v. State of Fla.
...and that the accused acted in self-defense.’ ” Williams v. State, 982 So.2d 1190, 1193 (Fla. 4th DCA 2008) (quoting Hedges v. State, 667 So.2d 420, 422 (Fla. 1st DCA 1996)); see also § 90.404(1)(b) 1., Fla. Stat. (2009). “Evidence of the victim's reputation is admissible to disclose his or ......
-
Williams v. State
...character evidence to show that the victim of a crime was the aggressor and that the accused acted in self-defense." Hedges v. State, 667 So.2d 420, 422 (Fla. 1st DCA 1996). To utilize this exception, "the defendant's prior knowledge of the victim's reputation is not necessary." Smith v. St......
-
B.B. v. State, 3D11–1709.
...]; Reddick v. State, 443 So.2d 482 (Fla. 2d DCA 1984); Marcum [v. State, 341 So.2d 815, 817 (Fla. 2d DCA 1977) ].”); Hedges v. State, 667 So.2d 420, 422 (Fla. 1st DCA 1996) (footnote omitted) (“[E]vidence either of the victim's reputation for violence or of specific prior acts of violence i......
-
Character and habit
...to show that she acted in self-defense as such evidence is an exception to the prohibition against character evidence. Hedges v. State , 667 So.2d 420 (Fla. 1st DCA 1996). Smith v. State Expert witness should not have been allowed to testify as to “general statistics” regarding abused child......