Hendrieth v. State, BD-274
| Citation | 483 So.2d 768,11 Fla. L. Weekly 354 |
| Decision Date | 07 February 1986 |
| Docket Number | No. BD-274,BD-274 |
| Parties | 11 Fla. L. Weekly 354 Lanzafane HENDRIETH, Appellant, v. STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
Michael Allen, Public Defender, Paula S. Saunders, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., Gary L. Printy, Asst. Atty. Gen., for appellee.
Hendrieth appeals from convictions for burglary of a conveyance and of a dwelling, and two counts of petit theft. He raises three points on appeal, only one of which merits discussion. We affirm.
Christopher Campbell, a resident of the victimized neighborhood, was interviewed by the police on the night of Hendrieth's arrest. He told them that he had seen two black men walking around the homes along his street, prompting him to call the police. This information was synopsized by the police in their report of the incident.
Campbell repeated his story at trial on direct examination by the State. He was not able to make an in-court identification of Hendrieth as one of the men he saw on the night of the crimes, but stated that he could have done so at that time. The State then called the officer who had interviewed Campbell and asked him to relate the information he had received, as reflected in the police report. The defense objected to the testimony as a prior consistent statement, impermissible because Campbell's direct testimony had not been impeached. The court allowed the officer to answer, ruling that the police report was "a more accurate statement" of Campbell's observations. The officer proceeded to testify, not that Campbell had identified Hendrieth, but that he had related seeing "two black men prowling around the neighborhood."
The admission of this testimony was error. Prior consistent statements are generally inadmissible absent a showing of recent fabrication or other reason for the witness's lack of credibility, Demps v. State, 462 So.2d 1074 (Fla.1985), and the record reflects no impeachment whatever of Campbell's direct testimony.
Prior consistent statements may also be admissible under certain exceptions to the hearsay rule, Ehrhardt, Florida Evidence, 2d ed., § 801.8, but no exception is applicable in this case. Section 90.803(5), Florida Statutes (1983), provides that "a memorandum or record concerning a matter about which a witness once had knowledge, but now has insufficient recollection to enable him to testify fully and accurately, shown to have been made by the witness when the matter was fresh in his memory and to reflect that knowledge correctly" is not hearsay. The report from which the...
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