Francois v. State
2011 Fla. App. LEXIS 11757
| Fla. Dist. Ct. App. | 2011Background
- Francois was tried by jury and found guilty of burglary of a structure while armed with a shotgun and attempted robbery with a firearm.
- He challenges the admission of a confession to McKinney as too vague to support the convictions.
- During trial, McKinney recounts a post-incident conversation in which Francois allegedly described a shotgun incident at a Sunrise Boulevard check cashing store.
- A jury request to see McKinney’s testimony was denied; the court did not inform the jury they could have testimony read back.
- Evidence at the scene included a loaded shotgun, a bag, broken glass, shell casings, and a live round; no DNA or prints linked Francois to the crime.
- Francois testified that he did not commit the crimes and denied making admissions to McKinney.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the confession | Francois | Francois | Judgment of acquittal upheld on sufficiency grounds (no). |
| Read-back/transcripts request | Francois | Francois | Reversed and remanded for read-back consideration. |
Key Cases Cited
- Williams v. State, 774 So.2d 931 (Fla. 5th DCA 2001) (confession corroborated by other evidence supporting conviction)
- Barrow v. State, 49 So.3d 747 (Fla.2010) (jury read-back rights; need to inform jurors of read-back option)
- Roper v. State, 608 So.2d 533 (Fla. 5th DCA 1992) (limits on read-back and testimonial accessibility)
- Volk v. State, 754 So.2d 82 (Fla. 4th DCA 2000) (jury's access to transcripts and read-back guidance)
- Avila v. State, 781 So.2d 413 (Fla. 4th DCA 2001) (read-back procedures and jury instructions)
- Rigdon v. State, 621 So.2d 475 (Fla. 4th DCA 1993) (jury questions and testimony read-back considerations)