Downs v. State
2011 Fla. App. LEXIS 11003
Fla. Dist. Ct. App.2011Background
- Downs was convicted of aggravated battery with a firearm; testimony about a gun found in Cooper's apartment, unrelated to the crime, was admitted over objection; the victim identified Downs from a photo lineup but initially suggested a different name and later pinpointed Downs; Cooper testified about drug use and that Downs slept in the living room with Cooper's room used by others; the gun found in McGirt's bedroom was not linked to the crime and was characterized as unrelated by investigators; the prosecution suggested the gun showed access to firearms in the apartment, which Downs contends is improper and prejudicial; the appellate court concludes the admission of the gun testimony was not harmless error and reverses for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of gun evidence unrelated to the crime | Downs: gun in Cooper's apartment irrelevant | State: evidence shows access to guns in the apartment | Reversed for error; gun evidence improperly admitted |
| Relevance and prejudice under 90.403 | Downs: gun had no connection to charged offense | State: probative value outweighs prejudice | Not harmless error; probative value outweighed by unfair prejudice |
| Outcome on appeal | N/A | N/A | Remanded for a new trial |
Key Cases Cited
- O'Connor v. State, 835 So.2d 1226 (Fla. 4th DCA 2003) (relevance and prejudice principles for admissibility of gun evidence)
- Rigdon v. State, 621 So.2d 475 (Fla. 4th DCA 1993) (gun not linked to charged offense; error to admit)
- Fugate v. State, 691 So.2d 53 (Fla. 4th DCA 1997) (gun found away from scene; lacking connection to crime)
- Sosa v. State, 639 So.2d 173 (Fla. 3d DCA 1994) (bullets found not linked to defendant; improper admission)
- Cooper v. State, 43 So.3d 42 (Fla. 2010) (prosecutor may argue gun access; reversible if prejudicial)
- Zama v. State, 54 So.3d 1075 (Fla. 4th DCA 2011) (closing argument using improperly admitted evidence constitutes error)
- DiGuilio v. State, 491 So.2d 1129 (Fla. 1986) (standard for assessing harmless vs reversible error)