Reyes v. State, s. O--187
| Citation | 253 So.2d 907 |
| Decision Date | 05 October 1971 |
| Docket Number | Nos. O--187,O--188,s. O--187 |
| Parties | Joey Allen REYES, Appellant, v. STATE of Florida, Appellee. Joey Allen REYES, Appellant, v. STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
Moore & Crump, Niceville, for appellant.
Robert L. Shevin, Atty. Gen., Nelson E. Bailey and William W. Herring, Asst. Attys. Gen., for appellee.
By this appeal, Reyes seeks a reversal of judgments of guilt for the crimes of possession of illegal drugs and sale of illegal drugs.
We are primarily concerned with appellant's first point on appeal, viz.: Whether or not the State may, in a criminal prosecution, introduce evidence of other unrelated crimes on rebuttal when no predicate for the introduction of the evidence was laid during the defendant's case.
At the conclusion of defendant's case, the State adduced a number of witnesses who testified for a period of almost two days as to prior illegal drug transactions indulged in by defendant. At this stage, the trial progressively developed into a general inquiry as to defendant's character, his propensity to indulge in criminal activities and the numerous crimes he had committed over a long period of time. One hundred forty-one pages of this record is devoted to the alleged impeachment of defendant's testimony that he had not used drugs, other than those which were prescribed, prior to the date of his arrest. The rebuttal testimony is replete with evidence of prior specific crimes and hearsay testimony. The feature of the trial quickly faded into the spotlight of a sideshow focusing on the character, general reputation and propensity of defendant Reyes to engage in criminal activities. The Anglo-Saxon system of jurisprudence has not sanctioned such trials since the era of the Star Chamber.
The State argues that Williams v. State 1 stands for the proposition that evidence relating to similar facts, even though the evience may point to the commission of a separate crime, is admissible in a criminal trial if relevant for any purpose save that of showing bad character or propensity to commit a crime. The key word contained in Williams is 'relevant', and here 'relevancy' is absent. In addition, the State contends that if this Court should hold that the subject testimony was not admissible under the 'relevant' theory or for impeachment purposes, same falls within the 'harmless error' doctrine. 2 As observed, the spotlight focused on the sideshow of unrelated past activities of defendant Reyes and it is difficult to envision how the jury could possibly not have been influenced by this inadmissible evidence. In this jurisdiction, a citizen accused of committing a crime, no matter how heinous or reprehensible it may be in the eyes of society, is entitled to be informed as to the nature of the charge against him and afforded the opportunity to prepare his defense prior to being put to trial. Such was not done in the instant cause and it is our duty to reverse.
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Snowden v. State
...had so overwhelmed the evidence of the charged crime as to be considered an impermissible character attack. Thus, in Reyes v. State, 253 So.2d 907, 907 (Fla. 1st DCA 1971), the court declared "At the conclusion of defendant's case, the State adduced a number of witnesses who testified for a......
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Sias v. State, 80-1263
...(Fla. 1st DCA 1978); Davis v. State, 276 So.2d 846 (Fla. 2d DCA 1973), aff'd, State v. Davis, 290 So.2d 30 (Fla.1974); Reyes v. State, 253 So.2d 907 (Fla. 1st DCA 1971); Green v. State, 228 So.2d 397 (Fla. 2d DCA 1969). Concededly, the record in the present case reflects that more time was ......
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Grant v. State
...to corroborate a child victim's testimony, the credibility of which is the central issue at trial. Appellant cites Reyes v. State, 253 So.2d 907 (Fla. 1st DCA 1971), which is distinguishable. In that case, this court reversed judgments of conviction for possession and sale of illegal drugs ......
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Evans v. State, 74--537
...defendant's character. State v. Davis, 290 So.2d 30 (Fla.1974); Denson v. State, 264 So.2d 442 (1st D.C.A.Fla.1972); Reyes v. State, 253 So.2d 907 (1st D.C.A.Fla.1971); Green v. State, 228 So.2d 397 (2d ...