CLARENCE TERRY v. STATE OF FLORIDA
224 So. 3d 763
| Fla. Dist. Ct. App. | 2017Background
- Appellant (Clarence Terry) was convicted by a jury of 13 counts of unlawful sexual activity with a minor (victim was 16) under § 794.05(1). Trial lasted three days; appellant was ~58 at trial and ~57 at the time of offenses.
- Prosecution sought to prove appellant’s age by introducing a certified copy of a birth certificate showing birth date Sept. 2, 1956; defense objected that the certificate was not linked to appellant and was disclosed late.
- Defense theory focused on victim credibility and moved for judgment of acquittal after the State rested, arguing the State failed to prove appellant was 24 or older.
- Trial court admitted the certified birth certificate as a self-authenticating public record and denied the motion for judgment of acquittal; defense’s Richardson hearing request was denied as to prejudice.
- Jury convicted on all counts; appellant appealed arguing (1) birth certificate insufficient to prove his age because not linked to him and (2) late disclosure procedurally prejudiced his defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of proof of age element | State: certified birth certificate is admissible and, combined with circumstantial evidence and jury observation, proves age | Terry: birth certificate with same name insufficient because not linked to him and, standing alone, inadequate to prove age | Court: certificate is self-authenticating; combined with jury observation and circumstantial evidence, suffices to prove age |
| Authentication/linkage of birth certificate | State: certified public record is self-authenticating under § 90.902(4); any challenge goes to weight | Terry: certificate not shown to be linked to him; foundation lacking | Court: lack of direct linkage affects weight, not admissibility; properly admitted |
| Procedural prejudice from late disclosure | State: disclosure did not add new information; defense knew DOB from reports; trial strategy unaffected | Terry: late production deprived him of fair preparation and surprised defense | Court: no abuse of discretion—DOB was not new, discovery showed date, defense theory unrelated to DOB |
| Motion for judgment of acquittal standard | State: evidence viewed in light most favorable to State supports conviction | Terry: de novo review requires acquittal if age element not proven beyond a reasonable doubt | Court: under de novo review, evidence (certificate + circumstantial evidence + jury observation) sufficient; motion denied |
Key Cases Cited
- Richardson v. State, 246 So. 2d 771 (Fla. 1971) (procedural-prejudice/Richardson hearing framework)
- Pagan v. State, 830 So. 2d 792 (Fla. 2002) (standard for reviewing denial of judgment of acquittal)
- Surin v. State, 920 So. 2d 1162 (Fla. 3d DCA 2006) (jury observation plus circumstantial evidence can suffice to prove age)
- Moncus v. State, 69 So. 3d 341 (Fla. 4th DCA 2011) (birth certificate is self-authenticating public record)
- Ordonez v. State, 862 So. 2d 927 (Fla. 2d DCA 2004) (challenges to identity on a birth certificate go to weight, not admissibility)
- United States v. Deverso, 518 F.3d 1250 (11th Cir. 2008) (reliability challenges to a birth certificate affect weight, not admissibility)
- Snelgrove v. State, 921 So. 2d 560 (Fla. 2005) (no prejudice where defendant already knew contents of evidence)
- Craig v. State, 585 So. 2d 278 (Fla. 1991) (undisclosed witness testimony not erroneous where defendant had report and knew content)