Washington v. State, No. 4D07-118.

CourtCourt of Appeal of Florida (US)
Writing for the CourtMay
Citation985 So.2d 51
Docket NumberNo. 4D07-118.
Decision Date11 June 2008
PartiesAaron WASHINGTON, Appellant, v. STATE of Florida, Appellee.
985 So.2d 51
Aaron WASHINGTON, Appellant,
v.
STATE of Florida, Appellee.
No. 4D07-118.
District Court of Appeal of Florida, Fourth District.
June 11, 2008.
Rehearing Denied July 28, 2008.

Carey Haughwout, Public Defender, and Patrick B. Burke, Assistant Public Defender, and Nicole Federico, Certified Legal Intern, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.

MAY, J.


The defendant appeals his conviction and sentence for carjacking with a firearm and battery. He argues, among other things, that the trial court erred in denying him the ability to question the victim about filing a false police report in an unrelated matter. We disagree and affirm.

The defendant was charged with carjacking with a firearm and aggravated battery with a deadly weapon. The testimony revealed that the victim was a drug-dealer. During a deal between the victim and the defendant, the defendant took the drugs

985 So.2d 52

without paying for them, struck the victim repeatedly with a firearm, and with the help of two accomplices extracted him from his automobile, and stole it. When the victim reported the crime, not surprisingly, certain details about the drug deal were omitted.

In an unrelated incident, the victim lent his car to a friend, who was involved in a hit-and-run accident while driving the borrowed car. The victim filed a false police report that the car had been stolen.

At trial, the State moved to exclude evidence of the unrelated false police report. The court granted the motion. The jury returned a verdict of guilty on the charges of carjacking with a firearm and the lesser-included offense of simple battery.

We review trial court decisions on the admissibility of evidence for an abuse of discretion, "limited by the rules of evidence." Nardone v. State, 798 So.2d 870, 874 (Fla. 4th DCA 2001). A witness' credibility may only be impeached "by convictions of crimes involving dishonesty or false statements." Jackson v. State, 545 So.2d 260, 264 (Fla.1989). "[C]redibility may not be attacked by proof that a witness committed specific acts of misconduct which did not end in a criminal conviction." Roebuck v. State, 953 So.2d 40, 42 (Fla. 1st DCA 2007) (emphasis added).

Here, the defendant argues the trial court erred in granting the State's motion to exclude reference to the false police report filed by the victim in the unrelated...

To continue reading

Request your trial
9 practice notes
  • Kovaleski v. State, No. 4D06-1168.
    • United States
    • Court of Appeal of Florida (US)
    • 5 January 2009
    ...or withdrawn it. Nor is it clear, under the cases we discuss below, if such evidence would have been admissible. In Washington v. State, 985 So.2d 51 (Fla. 4th DCA), review denied, 994 So.2d 307 (Fla.2008), we held that a victim of a carjacking could not be impeached by evidence that, on an......
  • Horn v. State, No. 1D19-4659
    • United States
    • Court of Appeal of Florida (US)
    • 21 October 2020
    ..."A witness’ credibility may only be impeached by convictions of crimes involving dishonesty or false statements." Washington v. State , 985 So. 2d 51 (Fla. 4th DCA 2008) (quoting Jackson v. State , 545 So. 2d 260, 264 (Fla. 1989) ). "[C]redibility may not be attacked by proof that a witness......
  • Tomas v. State, No. 4D10–3231.
    • United States
    • Court of Appeal of Florida (US)
    • 9 May 2012
    ...written into or considered by the statute.” Roebuck v. State, 953 So.2d 40, 43 (Fla. 1st DCA 2007); see also Washington v. State, 985 So.2d 51, 52 (Fla. 4th DCA 2008) (holding that trial court did not abuse its discretion by preventing the introduction of evidence that the victim submitted ......
  • Morlas v. State, No. 4D15–3148
    • United States
    • Court of Appeal of Florida (US)
    • 8 February 2017
    ...court decisions on the admissibility of evidence for an abuse of discretion, ‘limited by the rules of evidence.’ " Washington v. State , 985 So.2d 51, 52 (Fla. 4th DCA 2008) (quoting Nardone v. State , 798 So.2d 870, 874 (Fla. 4th DCA 2001) )."Relevant evidence is evidence tending to prove ......
  • Request a trial to view additional results
9 cases
  • Kovaleski v. State, No. 4D06-1168.
    • United States
    • Court of Appeal of Florida (US)
    • 5 January 2009
    ...or withdrawn it. Nor is it clear, under the cases we discuss below, if such evidence would have been admissible. In Washington v. State, 985 So.2d 51 (Fla. 4th DCA), review denied, 994 So.2d 307 (Fla.2008), we held that a victim of a carjacking could not be impeached by evidence that, on an......
  • Horn v. State, No. 1D19-4659
    • United States
    • Court of Appeal of Florida (US)
    • 21 October 2020
    ..."A witness’ credibility may only be impeached by convictions of crimes involving dishonesty or false statements." Washington v. State , 985 So. 2d 51 (Fla. 4th DCA 2008) (quoting Jackson v. State , 545 So. 2d 260, 264 (Fla. 1989) ). "[C]redibility may not be attacked by proof that a witness......
  • Tomas v. State, No. 4D10–3231.
    • United States
    • Court of Appeal of Florida (US)
    • 9 May 2012
    ...written into or considered by the statute.” Roebuck v. State, 953 So.2d 40, 43 (Fla. 1st DCA 2007); see also Washington v. State, 985 So.2d 51, 52 (Fla. 4th DCA 2008) (holding that trial court did not abuse its discretion by preventing the introduction of evidence that the victim submitted ......
  • Morlas v. State, No. 4D15–3148
    • United States
    • Court of Appeal of Florida (US)
    • 8 February 2017
    ...court decisions on the admissibility of evidence for an abuse of discretion, ‘limited by the rules of evidence.’ " Washington v. State , 985 So.2d 51, 52 (Fla. 4th DCA 2008) (quoting Nardone v. State , 798 So.2d 870, 874 (Fla. 4th DCA 2001) )."Relevant evidence is evidence tending to prove ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT