102 So. 3d 756
Fla. Dist. Ct. App.2012Background
- Officer Pena stopped Baker for driving with a suspended license and an expired tag after Baker tried to drive away from a traffic stop and fled home; marijuana was found in the car.
- Baker testified he intended to stop near his home to avoid towing but claimed he did not intend to flee the officer.
- On cross-examination, Baker described past negative experiences with police and claimed profiling due to his appearance.
- The State sought to question Baker about prior arrests to flesh out Baker’s profiling narrative; Baker had not opened the door to such testimony.
- The court allowed inquiry into Baker’s prior arrests but prohibited evidence rebutting the specifics of those arrests.
- The trial court admitted evidence that Baker had prior arrests (not convictions) for not showing up to court and for possession of marijuana.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of prior-arrest cross-examination | Baker opened the door by testimony on profiling. | Cross-examination about specific arrests was improper without opening the door. | Reversed for improper admission; door was opened only to arrests, not their specifics. |
| Scope of opening the door | Baker’s profiling testimony opened wide latitude. | Only Baker’s general experiences were opened, not the details of arrests. | Court erred in allowing delving into the specific nature of arrests; prejudicial. |
| Harmless error for arrest evidence | Prior arrests were probative to show motive for fleeing. | Arrests were not relevant and were prejudicial. | Not harmless; reversal required. |
| Lesser-included offense instruction | Court properly refused; no lesser offense warranted. | Instruction on refusal to obey an officer’s lawful order should have been given. | Error to refuse; harmless here, but remand for proper instruction on retrial. |
| Overall disposition on appeal | Convictions supported by trial evidence. | Errors require reversal and new trial. | Reversed and remanded for a new trial. |
Key Cases Cited
- Cartwright v. State, 885 So.2d 1010 (Fla. 4th DCA 2004) (relevance of other-crimes evidence; not admissible to prove bad character)
- Fulton v. State, 335 So.2d 280 (Fla. 1976) (arrest without conviction does not impeach credibility)
- Ross v. State, 913 So.2d 1184 (Fla. 4th DCA 2005) (opening the door; limit on how wide cross-examination may go)
- Bozeman v. State, 698 So.2d 629 (Fla. 4th DCA 1997) (defendant did not open the door to prior bad acts; improper admission)
- DiGuilio v. State, 491 So.2d 1129 (Fla. 1986) (harmless error; standard for presumptively prejudicial evidence)
- Koch v. State, 39 So.3d 464 (Fla. 2d DCA 2010) (instruction on lesser-included offenses; standard of review)
- Abreau v. State, 363 So.2d 1063 (Fla. 1978) (analogous discussion on lesser-included offenses)
- Sherrer v. State, 898 So.2d 260 (Fla. 1st DCA 2005) (limits on lesser-included offense instructions)