Randolph v. State, BS-293
| Citation | 526 So.2d 931,13 Fla. L. Weekly 1144 |
| Decision Date | 11 May 1988 |
| Docket Number | No. BS-293,BS-293 |
| Parties | 13 Fla. L. Weekly 1144 Carl RANDOLPH, Appellant, v. STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
Michael E. Allen, Public Defender, and David A. Davis, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and Edward C. Hill, Jr., Tallahassee, for appellee.
This appeal is from a judgment and sentence after a jury trial finding appellant, Carl Randolph, guilty of arson and burglary of a dwelling. The sole issue is whether the court erred in refusing to instruct the jury that voluntary intoxication was a defense to burglary. We reverse.
Appellant is described as a six foot three inch, 210-pound, 36-year-old black male. He lived with his girlfriend, Fay Allen, and her three children in Fay's Fort Walton Beach apartment for six or seven months. The parties became disenchanted and on a Thursday decided to split up. Fay took appellant's apartment key and told him to remove his belongings the next day after he left work. That following day, the Fort Walton Beach police arrested appellant for arson and burglary of Fay's dwelling.
Keeping in mind appellant's sole defense of voluntary intoxication, the record reflects that during opening statements at trial, defense counsel did not mention the defense of voluntary intoxication. She merely stated that she thought the evidence would show a different version of the facts from that which the State had suggested. There was no elaboration.
To better envision the extent of appellant's drinking that day, which relates to his defense, we must briefly examine the testimony at trial and the sequence of events leading up to appellant's transgressions.
Fay testified that Friday was appellant's usual day to get drunk. Although she had given him permission to remove his belongings that Friday afternoon while she was at work, upon returning home she realized that he had not picked up all of his things. Nonetheless, Fay locked the doors before leaving to go to the Elks Club that night and did not give appellant permission to enter her house at a later time. Upon appellant's arrival at the Elks Club, Fay found him to be drunk and when she refused to leave with him, he threatened to beat her up.
Witness Ernest Skanes testified that he was sitting with a group of men near Fay's apartment when, after noticing what appeared to be a fire in the apartment, he saw appellant leave through the front door, get into his car, and drive away. He noted that from the way the car swerved, he thought that the driver was intoxicated. Ernest and his friends assisted in putting out the fire that was burning in the kitchen and then returned to their positions outside the apartment. Later on, appellant returned in his car, entered the apartment and started a fire on the front living room curtains. As the group rushed over again to subdue the flames, appellant came out of the apartment and said, Skanes thought appellant was intoxicated from the way he talked and walked.
Police officer Spinella, the first official at the location, told the jury that he could smell alcohol on appellant's breath and he appeared to be legally intoxicated as he slurred his speech but was not so out of control that he could not walk or talk. He further added that appellant was coherent, that is, he appeared to understand questions and his answers made sense. Officer Wyatt was the second police officer on the scene and testified that upon reading the Miranda warning to appellant, he answered coherently. Nevertheless, officer Wyatt did not attempt to fingerprint appellant because he was heavily intoxicated and highly agitated.
Upon the State's resting its case, defense counsel moved for a judgment of acquittal arguing that evidence of appellant's intoxication went to the specific intent of burglary of a dwelling. The court denied the motion and refused to reduce the charges to trespass and criminal mischief.
Defense counsel then informed the court that despite her admonitions, appellant insisted on testifying. After the court advised him of his constitutional rights, appellant persisted in his desire to take the stand. In narrative form, appellant verified Fay's earlier determination that Friday was his usual day to get drunk. After leaving work around noon on Friday, he had a beer or two and went to get his belongings from Fay's apartment. He spent the rest of the afternoon with friends and returned to his own apartment where he had another beer and dressed to go out. Around 11:30 p.m., he went looking for Fay at the Elks Club where he drank some more beer. Having been shunned by Fay, appellant returned to his friend's house where he had some more beer. On his way home after midnight, he decided to go by Fay's place to get the rest of his things, and although she was not home, he entered through a window in the back. Appellant lit his lighter so he could see and accidentally set the kitchen curtains on fire as he climbed in the window. He called the operator and a fire truck soon arrived. Appellant's recollection of the Friday escapade was that he had consumed four or five beers that day but was not so drunk that he did not know what he was doing. He declared that he had not drunk the Mad Dog 20/20 found under the seat of his car. He claimed the whole incident was an accident and that everyone else was lying. The defense rested.
In closing argument, defense counsel tried to present appellant's voluntary intoxication defense to the jury;...
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