Harold Hammond v. State of Florida
16-0897
| Fla. Dist. Ct. App. | Sep 26, 2017Background
- Harold Hammond was convicted of second-degree murder (death of neighbor Kenneth Solada), tampering with evidence (clothing and firearm), possession of a firearm by a convicted felon, and battery (against his live-in girlfriend’s son, Timothy Mossman).
- Hammond admitted shooting Solada and battering Mossman but claimed self-defense for both incidents.
- The incidents occurred during the same night and early morning (Feb 21–22, 2009); timing and sequence were disputed at trial.
- Prosecution theory: both assaults were connected to Hammond’s attempts to obtain/use drugs (a dispute over Xanax and money for drugs). Defense: the battery and the murder involved different victims, times, places, and motives, so they were unrelated.
- Hammond moved to sever the battery count from the other charges under Fla. R. Crim. P. 3.152(a)(2)(A); the trial court denied the motion and the First DCA reviewed that denial for abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the battery count should have been severed from the murder and related counts | Hammond: battery was unrelated—different victim, time, place, and motive; joinder unfairly prejudiced him | State: crimes were part of a single criminal episode—temporal and geographic proximity and common motive (drugs) justified joinder | Court affirmed: no abuse of discretion in denying severance; crimes could be seen as temporally/geographically linked and sharing motive |
Key Cases Cited
- Hart v. State, 70 So. 3d 615 (Fla. 1st DCA 2011) (joinder can deprive defendant of fair trial when evidence of one crime improperly bolsters proof of another)
- Fletcher v. State, 168 So. 3d 186 (Fla. 2015) (joinder proper where acts share temporal proximity, physical proximity, and common motive)
- Trease v. State, 768 So. 2d 1050 (Fla. 2000) (abuse of discretion standard for severance review)
- Huff v. State, 569 So. 2d 1247 (Fla. 1990) (discretion abused only where no reasonable person would adopt trial court's view)
