Rodriguez v. State

• Decision Date: 17 September 2014
• Docket Number: No. 3D12–2435.,3D12–2435.
• Citation: 147 So.3d 1066
• Parties: Ramiro RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

147 So.3d 1066

Ramiro RODRIGUEZ, Appellant
v.
The STATE of Florida, Appellee.

No. 3D12–2435.

District Court of Appeal of Florida, Third District.

Sept. 17, 2014.

147 So.3d 1067

Steven M. Swickle, Fort Lauderdale, for appellant.

Pamela Jo Bondi, Attorney General, and Jay E. Silver, Assistant Attorney General, for appellee.

Before SHEPHERD, C.J., and ROTHENBERG and SCALES, JJ.

Opinion

ROTHENBERG, J.

Ramiro Rodriguez (“the defendant”) appeals his convictions for manslaughter, attempted manslaughter, burglary with an assault or battery or while armed, conspiracy to commit burglary, kidnapping, and possession of a firearm during the commission of a felony. The defendant's primary arguments on appeal are that: (1) he was entitled to an independent act instruction on the manslaughter and attempted manslaughter counts; and (2) the trial court erred in denying his motion for a judgment of acquittal (“JOA”) on the kidnapping count because the confinement was insufficient to support a conviction for kidnapping.¹ Because we conclude that no view of the evidence would support an independent act instruction and find that there was sufficient evidence to support the defendant's conviction for kidnapping, we affirm.

The defendant was involved in an altercation that resulted in the death of Erik Lopez (“Erik”), who suffered six gunshot wounds, and injury to Erik's wife, Olga Lopez (“Olga”) (collectively, “the Lopezes”), who was shot in the leg. Although some of the facts are in dispute, the following facts are undisputed. In the early morning hours of August 5, 2007, Erik and Olga were at the defendant's home attending a party that involved substantial drinking and drug use, including cocaine. At some point during the partying, and without the defendant's knowledge, the defendant's girlfriend, Lois Arroyo (“Lois”), engaged in sexual activity with Olga. When the defendant learned of the sexual activity, he became upset, and the Lopezes left the party.

After the Lopezes left the party, they called Lois and invited her to come to the

147 So.3d 1068

Lopezes' home to participate in a sexual threesome with the Lopezes. When the defendant heard what was being proposed, he became enraged and told Erik on the phone that he was angry and that he was coming over “to talk.” After soliciting the assistance of his son Ryan (“Ryan”), his friend Alain Llano (“Alain”), and Lois, the four of them (collectively, “the defendants”) drove to the Lopez home in Alain's vehicle. The defendants were heavily armed with firearms, including at least three handguns and an AK–47 assault rifle.

Upon their arrival, the defendants entered the Lopez home. They duct taped Erik to a chair in his living room, and, according to Ryan, who testified at the defendant's trial, while they were attempting to duct tape Lois to a chair as well, Erik broke free from his bindings, pulled out a gun he had concealed in his waistband, and began firing. A firefight ensued. Erik and Olga were shot several times, and Alain was shot in the shoulder. Erik died at the scene from his gunshot wounds. All of the defendants were arrested and charged.

At trial, the State presented eyewitness testimony through two of the defendant's coperpetrators—the defendant's son Ryan and his friend Alain—as well as Olga and several of the Lopezes' neighbors. Although the defendant did not testify, his pre-trial statement was introduced into evidence through one of the testifying detectives.

At the close of the State's case in chief, the defendant moved for a JOA on the kidnapping charge on the basis that the evidence did not establish that the confinement was “substantial.” The trial court deferred its ruling, but ultimately denied the JOA motion at the close of the evidence. The trial court also denied the defendant's request that the jury be instructed on the independent act doctrine after concluding that there was no evidence to support such an instruction.

The trial court's failure to provide the jury with the defendant's requested jury instruction is the defendant's first argument on appeal. Although we review a trial court's decision to exclude a requested jury instruction for an abuse of discretion, Carpenter v. State, 785 So.2d 1182, 1199–1200 (Fla.2001) ; Martin v. State, 110 So.3d 936, 938 (Fla. 1st DCA 2013), that discretion is substantially circumscribed when the instruction relates to a defendant's valid theory of defense, as the trial court must give the requested instruction if there is any evidence supporting the defendant's defense. Goode v. State, 856 So.2d 1101, 1104 (Fla. 1st DCA 2003). Thus, we must determine whether there was any evidence introduced that would support the defendant's request for an independent act instruction.

“The ‘independent...