Zeigler v. State, No. XX-86

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM
Citation404 So.2d 861
PartiesDegusta Blake ZEIGLER, Appellant, v. STATE of Florida, Appellee.
Decision Date20 October 1981
Docket NumberNo. XX-86

Page 861

404 So.2d 861
Degusta Blake ZEIGLER, Appellant,
v.
STATE of Florida, Appellee.
No. XX-86.
District Court of Appeal of Florida, First District.
Oct. 20, 1981.

Page 862

Michael Allen, Public Defender, and Nancy A. Daniels, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for appellee.

PER CURIAM.

This an appeal of a judgment and sentence for manslaughter following a jury trial on a charge of second degree murder. We find merit in only one point raised by appellant. Because the trial court admitted extensive irrelevant evidence of a collateral crime, we reverse.

On New Years Eve 1978-79 an incident occurred in which appellant shot Diane Williams once with a pistol, killing her. Appellant had carried the pistol as he assisted the security guard in ejecting a customer who had threatened to throw a caustic substance on another customer and had engaged in a fight involving the throwing of barstools. As he reentered the bar, appellant shot Williams, who was on her way out of the bar. Appellant telephoned the police immediately following this shooting. As a result of this incident, appellant was charged with second degree murder and released on bond. In April, 1979, another incident occurred in which appellant shot Sheila Smith, with whom he lived, four times, killing her. Again, appellant was charged with second degree murder. The case involving Smith was tried first and resulted in conviction of second degree murder.

At the trial on the charge resulting from Williams' death, a number of references to the Smith killing were made. For example, Dr. Floro, a forensic pathologist, described the cause of Smith's death, as well as of Williams' death, giving a detailed description of the points at which the four bullets entered Smith's body. At the beginning of his opening statement, the prosecutor had said this was a peculiar case because the jury would hear testimony about two homicides of which appellant was accused. In addition, a police officer was permitted to read portions of a statement which had been taken from appellant after he was apprehended following the Smith shooting. The statement related solely to the Smith shooting and included no references to the Williams' shooting, which had occurred four months earlier. The statement described appellant's dissatisfaction with Smith's friends and various domestic points of contention. Finally, the statement included a description...

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3 practice notes
  • Zeigler v. State, No. AM-383
    • United States
    • Court of Appeal of Florida (US)
    • June 18, 1985
    ...377 (Fla.1981). We have considered and find wholly without merit the state's contention that our prior decision in Zeigler v. State, 404 So.2d 861 (Fla. 1st DCA 1981), decided the constitutional admissibility of appellant's statement adversely to him, thus, under the principle of collateral......
  • Traylor v. State, No. BF-344
    • United States
    • Court of Appeal of Florida (US)
    • November 14, 1986
    ...Statutes (1983). While there must be more than a general likeness between the similar act and the crime charged, Zeigler v. State, 404 So.2d 861 (Fla. 1st DCA 1981), absolute factual identity is not required. Townsend v. State, 420 So.2d 615, 617 (Fla. 4th DCA There were sufficient factual ......
  • State v. Zeigler
    • United States
    • United States State Supreme Court of Florida
    • February 24, 1982
    ...471 412 So.2d 471 State v. Zeigler (Degusta Blake) NO. 61,326 Supreme Court of Florida. Feb 24, 1982 Appeal From: 1st DCA, 404 So.2d 861 Disposition: Pet. for rev....
3 cases
  • Zeigler v. State, No. AM-383
    • United States
    • Court of Appeal of Florida (US)
    • June 18, 1985
    ...377 (Fla.1981). We have considered and find wholly without merit the state's contention that our prior decision in Zeigler v. State, 404 So.2d 861 (Fla. 1st DCA 1981), decided the constitutional admissibility of appellant's statement adversely to him, thus, under the principle of collateral......
  • Traylor v. State, No. BF-344
    • United States
    • Court of Appeal of Florida (US)
    • November 14, 1986
    ...Statutes (1983). While there must be more than a general likeness between the similar act and the crime charged, Zeigler v. State, 404 So.2d 861 (Fla. 1st DCA 1981), absolute factual identity is not required. Townsend v. State, 420 So.2d 615, 617 (Fla. 4th DCA There were sufficient factual ......
  • State v. Zeigler
    • United States
    • United States State Supreme Court of Florida
    • February 24, 1982
    ...471 412 So.2d 471 State v. Zeigler (Degusta Blake) NO. 61,326 Supreme Court of Florida. Feb 24, 1982 Appeal From: 1st DCA, 404 So.2d 861 Disposition: Pet. for rev....

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