DARNELL RAZZ v. STATE OF FLORIDA
15-4115
| Fla. Dist. Ct. App. | Nov 29, 2017Background
- April 2010: Two masked men entered a Circle K, shot and killed two employees, and stole a small amount of cash. Appellant Darnell Razz and Robert Alvarez were arrested and charged.
- M.G. testified she drove Alvarez and Razz near the Circle K the night of the murders; upon return Alvarez and Razz appeared “energized,” and M.G. saw Razz holding a long gun in the car.
- May 8, 2010 (eight days later): Razz was identified by a surviving victim as the shooter in a separate robbery/attempted homicide; bullet fragments from that incident matched fragments from the Circle K.
- Twelve days after the murders: witnesses saw Razz flee from police and an individual matching his description throw a gun into a neighborhood lake; a month later law enforcement recovered a handgun from the lake and ballistics linked it to the Circle K crime scene.
- Razz and Alvarez were tried, convicted of two counts of first-degree murder and robbery with a firearm while masked; Razz received consecutive life sentences. On appeal, Razz raised six arguments; this opinion addresses the claim that the trial court erred by admitting evidence of the May 8 shooting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of May 8 shooting (collateral-crime evidence) | Razz: evidence was cumulative, unnecessary, and impermissibly suggested bad character/propensity; admission presumes harmful error | State: evidence was relevant to identity/possession of the murder weapon because bullets linked the May 8 shooting to the Circle K murders; properly admitted under similar-fact rule | Court: Admissible — evidence probative of identity/possession; not substantially outweighed by unfair prejudice; jury properly instructed |
| Other appellate challenges (five issues) | Razz: various claims (not detailed in opinion) | State: defended convictions | Court: Affirmed without discussion |
Key Cases Cited
- McCray v. State, 71 So. 3d 848 (Fla. 2011) (standard for reviewing admission of collateral crime evidence)
- Jones v. State, 963 So. 2d 180 (Fla. 2007) (trial court has wide discretion on admissibility; abuse only when no reasonable person would agree)
- Sims v. State, 839 So. 2d 807 (Fla. 4th DCA 2003) (similar-fact evidence admissible to prove identity, motive, intent, opportunity, plan, absence of mistake)
- Barnett v. State, 151 So. 3d 61 (Fla. 4th DCA 2014) (admission of subsequent shooting evidence linking gun to earlier homicide upheld)
- Ashley v. State, 265 So. 2d 685 (Fla. 1972) (relevancy is the primary test; all evidence pointing to commission of a crime is prejudicial but not necessarily inadmissible)
- Grier v. State, 27 So. 3d 97 (Fla. 4th DCA 2009) (collateral-crime evidence becomes impermissible when it overwhelms proof of the charged offense and functions as an attack on character)