County Criminal Court:
CRIMINAL LAW-Jury Trial/Evidence-where evidence tends in any way to
establish a reasonable doubt of defendant's guilt, it should be admitted-since
it can not be said that exclusion of the evidence at issue did not affect the
verdict, the exclusion was harmful-Judgment and sentence reversed. Garcia v. State, No. 03-00049.
(
IN
THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF
THE STATE OF
APPELLATE
DIVISION
SHAUNTEL RONALD GARCIA,
Appellant,
vs. Appeal
No: CRC0300049CFAES
STATE OF
Appellee.
____________________________/
Appeal from verdict, judgment and sentence
Pasco County Court
County Judge Debra Roberts
Paul E. Firmani, Esq.
Attorney for Appellant
Michael J. Harris, Esq.
Attorney for Appellee
ORDER
AND OPINION
THIS MATTER is before the Court on the defendant’s appeal of the judgment and sentence entered by the Pasco County Court after a jury trial. After reviewing the briefs and record, this Court reverses the decision of the trial court.
Appellant was charged with battery on July 15, 2002.
The defendant went to jury trial. The theory at trial was that appellant only
acted in self defense when he struck the victim, after she had initiated the
physical violence when she got upset upon realizing that her male friend of the
evening, TJ, was leaving against her wishes. At trial, the defendant attempted
to testify as to the verbal exchange between himself and the victim immediately
before and during the physical altercation giving rise to the charge. The court sustained a series of objections
which resulted in all of the statements of both parties being excluded from
evidence. [1]
. A trial judge's
ruling on the admissibility of evidence will not be disturbed absent an abuse
of discretion. Booker v. State,
397 So.2d 910 (
There was no
question that the victim suffered bruises from the actions of the appellant.
The only issue to be decided by the jury was whether the appellant acted in
self-defense. The appellant testified
that he "did what he had to do" in self defense, in order to get the
victim off his back and to stop attacking him, and there was no evidence, other
than the victim's testimony, to contradict the appellant's version of the
events. Nelson v. State 388
So.2d 1276, 1278 -1279 (
In this case, the
victim testified that after a night out at a drinking establishment she did not
believe she was capable of driving home, and asked an individual by the name of
TJ, who she had met that night, to drive her home instead. TJ drove the victim
home while the appellant and Rivera, another individual who were acquaintances
of TJ followed in another vehicle. The
victim testified that she reluctantly allowed the three men to come into her
apartment and allowed them to "hang out" while she went into the
bathroom because she was not feeling well. TJ went into the room to check on
her and then left. Subsequently,
appellant went into the room to check on her.
An argument ensued between appellant and the victim. The victim testified that appellant was upset
because she was being rude and inhospitable.
The victim testified that she ordered the appellant out of the apartment
and as they approached the door the appellant pushed back on the door and it
hit the victim and she fell to the ground. The victim then testified that the
appellant struck her and she sustained an abrasion to her right arm from being
tossed into the walls, a swollen elbow from hitting the floor, fist marks to
her face and two teeth were knocked out.
The appellant then left, and a neighbor assisted with calling the
police. On cross examination, the victim
denied that she was upset because TJ was leaving and that she initially started
the confrontation by pushing the appellant into the tub, kicking him as he
walked out the door, and ultimately jumping on his back as he tried to walk
away outside of the apartment.
The defense called Rivera who testified that when the
appellant went in to check on the victim, he heard a thud. The victim came out screaming and told them
all to leave. TJ and Rivera left and
went down the stairs. Rivera looked up
and could see the victim on the appellant's back screaming and hitting him. He
saw the appellant 'doing whatever he could' to get the victim off of his back
and to come down the stairs. Rivera testified that the appellant was flailing
his arms to try to get the victim off of his back and that she ultimately fell
to the ground off of him.
When the appellant took the stand, he attempted to
explain that when he went to check on the victim, who was sick in the bathroom,
he told her "well, you know, we're
going to get going." The state
objected and the court sustained the objection as hearsay. Appellant then testified
that she became angry at what he said and pushed him into the tub, and then she
ran looking for T.J. He then proceeded to testify that at that point, he told her they were leaving. The state objected and the court sustained
the objection as hearsay. Appellant then went to the door and proceeded to leave
the apartment. He explained that he and
the victim had words and as he walked out she kicked him in the buttock area in
such a way that it actually hit his testicles from behind. He testified that he
then became very upset and said "If you were a guy I would punch you in
the face." When he was about to walk away she grabbed him and said "I'm not scared of you. . .
" The state objected and the trial
court sustained the objection. These
statements exchanged between appellant and the victim were relevant to
appellant's theory of self defense and provided an explanation of his actions. Where
evidence tends in any way to establish a reasonable doubt of defendant's guilt,
it should be admitted. Rivera v.
State, 561 So.2d 536 (Fla.1990). Since it can not be said that exclusion of
this evidence did not affect the verdict, the exclusion was harmful. State
v. DiGuilio, 491 So.2d 1129, 1139 (
IT IS THEREFORE ORDERED that the judgments and sentences be REVERSED.
DONE AND ORDERED in Chambers at New
Port Richey,
day of January, 2005.
________________________
Primary Appellate Judge
_____________________
Daniel D. Diskey
Circuit Judge
______________________
Circuit Judge
Copies to:
Office of the Public Defender
Office of the State Attorney
inadmissible in admiss
[1]
Unfortunately,
counsel for the defendant did not proffer to the court all of the statements
which he obviously wished to place in evidence. Neither this Court nor the
trial court has any way of knowing whether other statements were admissible
without knowing what those statements were.
Similarly, without knowing more about the verbal exchange, it is
difficult to judge how significant the exclusion of these statements was in
determining the jury's verdict.
Therefore, the only statements preserved for this Court's review were
the defendant's statements "[w]e're going to get going" and "we
were leaving" as well as one of the
victim's statements "I'm not scared of you."