Saldane v. State, 96-142

• Decision Date: 11 December 1996
• Docket Number: No. 96-142,96-142
• Citation: 685 So.2d 43
• Parties: 21 Fla. L. Weekly D2620 Jose Miguel SALDANE, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 43

685 So.2d 43

21 Fla. L. Weekly D2620

Jose Miguel SALDANE, Appellant, v. The STATE of Florida, Appellee.

No. 96-142.

District Court of Appeal of Florida Third District.

Dec. 11, 1996.

Rehearing Denied Jan. 15, 1997.

Bennett H. Brummer, Public Defender, and Donald Tunnage, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Keith S. Kromash, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and NESBITT and LEVY, JJ.

PER CURIAM.

Jose Miguel Saldane ("Defendant") appeals his conviction for armed robbery on two grounds. First, the Defendant contends that the trial court improperly prohibited the defense from questioning the victim about a perjury investigation arising out of false deposition testimony given by the victim. Second, the Defendant contends that it was error for the trial court to allow the State to introduce evidence regarding the Defendant's involvement in a crime for which he was not on trial. We find merit in the second contention, and, consequently, remand the case for a new trial.

An armed robbery occurred on January 24, 1994. The next day, January 25, 1994, another armed robbery as well as a homicide were committed. Shortly thereafter, the Defendant was arrested and charged with armed robbery for the January 24th crime, and as an accessory after the fact for the January 25th crime. During interviews with the police, the Defendant made several statements about the January 24th, robbery, as well as the January 25th murder and robbery. The Defendant admitted to the police that he was present at the January 24th crime.

In preparation for trial, the defense deposed the victim of the January 24th robbery. Shortly before the deposition, the victim saw the Defendant. However, at the deposition the victim testified that he had not seen the Defendant since the robbery. After the deposition, the victim stated to an Assistant State Attorney that he had, in fact, seen the Defendant since the robbery.

The instant trial involved the January 24th armed robbery only. Prior to the commencement of the trial, the State moved to exclude any statements made by the Defendant about the January 25th crime. The trial court ruled that neither party could make any comment regarding the Defendant's participation in the January 25th murder and robbery.

The victim testified during direct examination that he lied at his deposition when he stated that he had not seen the Defendant since the robbery. Upon cross-examination, the victim again admitted that he had given false deposition testimony concerning when he had last seen the Defendant. Counsel for the defense then asked whether an investigation or charge for perjury was pending against the victim as a result of the false deposition testimony. The trial court sustained an objection from the State and prohibited defense counsel's question.

The arresting officer also testified at trial. During the cross-examination of the arresting officer, the officer testified that a bullet casing found at the scene of the January 24th crime was linked to a gun used in the January 25th crime. The defense then asked the officer several questions regarding the January 25th crime, including whether the Defendant was charged for the January 25th murder. Following the cross-examination of the arresting officer, the trial court agreed with the State that the defense had opened the door to inquiry into the Defendant's involvement in the January 25th murder and robbery. As a result of this ruling, the State called the detective who investigated the January 25th crime. That detective testified that the Defendant had been charged as an...