53 So. 3d 1163
Fla. Dist. Ct. App.2011Background
- Appellant Stallworth was convicted of trafficking in illegal drugs in Florida; judgment and sentence on appeal.
- A prescription bottle containing a controlled substance was found near the front yard of Appellant's uncle, Kevin Ducree; arresting officer testified Appellant tossed it toward his vehicle.
- Ducree and another witness testified the bottle was placed there by someone else; Ducree testified the culprit could be another nephew.
- The State sought to impeach Ducree's credibility by questioning his prior felony convictions, including details of eight convictions.
- Defense objected; trial court overruled; the questioning continued, focusing on the nature and number of convictions.
- Appellant argued the State's questioning was improper and violated evidentiary rules; the trial court's ruling was challenged on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by allowing questioning about Ducree's prior convictions | Stallworth | Stallworth's position that impeachment by inquiry into convictions was improper | Yes; trial court abused discretion; improper questioning permitted certified records instead |
| Whether the error was harmless given the evidence against Stallworth | State | Stallworth argues the verdict hinged on credibility of witnesses | Not harmless; reversal warranted due to prejudice from impeachment |
Key Cases Cited
- Gavins v. State, 587 So.2d 487 (Fla. 1st DCA 1991) (impeachment by prior convictions limited to felony or dishonesty crimes; certified records when denied)
- Pryor v. State, 855 So.2d 134 (Fla. 1st DCA 2003) (certified copies admissible when witness falsely testifies about number of convictions)
- Rodriguez v. State, 761 So.2d 381 (Fla. 2d DCA 2000) (witness's prior convictions should be proven by certified copies; avoid disclosing specifics at trial)
- White v. State, 993 So.2d 611 (Fla. 1st DCA 2008) (abuse of discretion standard for evidentiary rulings; harmless error standard for reversal)
- Fotopoulos v. State, 608 So.2d 784 (Fla. 1992) (witness misleads jury about prior convictions allowing correction to prevent misimpression)
- Perez v. State, 648 So.2d 715 (Fla. 1995) (premise that miscounted prior convictions supports admissibility of certified copies)