Roti v. State, 75--965
| Decision Date | 23 June 1976 |
| Docket Number | No. 75--965,75--965 |
| Citation | 334 So.2d 146 |
| Parties | Frederick John ROTI, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
William L. Camper, Huey & Camper, Tallahassee, Theodore M. Becker, J. Samuel Tenenbaum, Becker & Tenenbaum, and Edward M. Genson, Chicago, Ill., and Joseph P. Garlovsky, Daytona Beach, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.
Appellant was tried by jury and found guilty of receiving or aiding in the concealment of stolen property contrary to Fla.Stat. § 811.16. 1 He was sentenced to five years in prison with credit for time served. We hold the trial court erred (1) in permitting the state's detective to testify as to prior consistent statements made by one of its chief witnesses who testified at trial; and (2) by allowing the state, on cross-examination of one of the appellant's witnesses, to attack the appellant's character when he had not placed his good character in issue. We reverse.
Appellant Roti purchased a diamond ring from David Blackmer. At trial, Blackmer admitted he had stolen the ring from Jesse Lynn Gilmore. Roti admitted buying it, but he denied knowledge that the ring was stolen. Thus, the primary issue at trial was whether Roti had knowledge that the ring was stolen.
Blackmer testified that his friend, Andy Douglas, suggested they go see a local bar owner named Fred Roti, since Roti might be interested in purchasing the ring. Blackmer testified that he and Douglas went to see Roti at his bar late on a Friday night. According to Blackmer, Roti told them to come back on the following Monday morning. When they returned on Monday, they had a 10 to 15 minute conversation with Roti. Blackmer testified that at that time he told Roti the ring was stolen. Roti testified he did not recall the original encounter, but he did recall the Monday morning meeting with Blackmer and Douglas, at which time he asked them if the ring was 'hot.' He claimed he was told at that time by Blackmer and Douglas that it was not hot, but rather it was a family heirloom. A defense witness who was in Roti's bar at that time corroborated Roti's testimony on this point. After that meeting, Roti retained the ring to have it appraised, and suggested to Blackmer and Douglas that they return that afternoon after he had an opportunity to secure the desired appraisal. Blackmer testified that he reiterated to Roti at that final meeting on that afternoon that the ring was stolen. Roti, however, testified he again asked if the ring was 'hot' and Blackmer and Douglas assured him it was not, whereupon Roti paid them $400 cash for the ring.
Over Roti's objection, the trial court allowed Detective Louis C. Hoss of the Manatee County Sheriff's Office to testify as to prior statements made to him by Blackmer. Detective Hoss was permitted to paraphrase what Blackmer had told him concerning Roti's implication in purchasing the ring. Additionally, a written statement taken from Blackmer while he was in Hoss' custody was admitted. While these prior statements varied somewhat from Blackmer's in-court testimony, they were consistent with and corroborated and strengthened Blackmer's testimony that Roti, at the time he purchased the ring, had direct knowledge that it was stolen.
In Van Gallon v. State, Fla.1951, 50 So.2d 882, the trial court admitted evidence of a written statement made by the state's principal witness who was present and testifying. There, the Supreme Court in reversing a conviction and ordering a new trial said:
'We recognize the rule that a witness's testimony may not be corroborated by his own prior consistent statement and the...
To continue reading
Request your trial
-
Carroll v. State
...(Fla. 2d DCA 1979); Lamb v. State, 357 So.2d 437 (Fla. 2d DCA 1978); Brown v. State, 344 So.2d 641 (Fla. 2d DCA 1977); Roti v. State, 334 So.2d 146 (Fla. 2d DCA 1976); Kellam v. Thomas, 287 So.2d 733 (Fla. 4th DCA 1974); Allison v. State, 162 So.2d 922 (Fla. 1st DCA 1964); Jackman v. State,......
-
Lewis v. State, 49668
...in issue. See Young v. State, 141 Fla. 529, 195 So. 569 (1940); Layton v. State, 348 So.2d 1242 (Fla. 1st DCA 1977); Roti v. State, 334 So.2d 146 (Fla.2d DCA 1976); Post v. State, 315 So.2d 230 (Fla.2d DCA 1975). However, due to our determination that appellant did place his character in is......
-
Albright v. State
...his good character in issue before the jury either through his own or his witnesses' testimony, the state may not do so. Roti v. State, 334 So.2d 146 (Fla.2d DCA 1976); Andrews v. State, 172 So.2d 505 (Fla.1st DCA 1965); Gordon v. State, 107 Fla. 333, 144 So. 669 Furthermore, the cumulative......
-
McRae v. State
...50 So.2d 882 (Fla.1951); Lamb v. State, 357 So.2d 437 (Fla.2d DCA 1978); Brown v. State, 344 So.2d 641 (Fla.2d DCA 1977); Roti v. State, 334 So.2d 146 (Fla.2d DCA 1976). The state seeks to justify admission of the victim's statements to Riley and Hoylman as part of the res gestae. We cannot......