Trapp v. State
2011 Fla. App. LEXIS 4349
Fla. Dist. Ct. App.2011Background
- Magala, with her child, was abducted when Trapp forced her car at a drive-up window; the car was later recovered.
- A single independent witness, McGirt, corroborated Magala’s shock at the incident.
- Trapp admitted multiple felonies, including two dishonesty offenses, and admitted calling Magala before trial.
- During cross-examination, the prosecutor elicited Trapp’s Mississippi perjury conviction after Trapp mentioned perjury regarding the victim; this was challenged.
- The trial court allowed the perjury reference; the jury convicted on two false imprisonment counts and carjacking, later sentenced Trapp as a habitual offender to life with mandatory terms.
- On appeal, Trapp argues admission of the perjury conviction was improper and not harmless error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether crossing into prior perjury conviction was proper | Trapp; admission improper since it violated 90.610’s scope | Magala opened door by alleging potential perjury by victim | Reversal; error not harmless beyond a reasonable doubt |
| Whether opening-the-door justified perjury inquiry | Trapp’s comment did not open the door to his own conviction | State argued door opened by defense misstatement | Door not opened; improper to admit perjury conviction |
| Whether 90.610 permits perjury-type questioning after admission of convictions | Trapp admitted number of convictions thus limiting scope | State may seek to reveal specific conviction under Johnson exception | Statute allows only number; no disclosure of specific crime; error reversible |
| Harmlessness of improper admission | Error affected the verdict given conflicting credibility | No prejudicial impact beyond mere circumstance | Not harmless beyond a reasonable doubt; reversal warranted |
Key Cases Cited
- Bobb v. State, 647 So.2d 881 (Fla. 4th DCA 1994) (impeachment limited to number of felonies; not the nature of dishonesty crimes)
- Dessaure v. State, 891 So.2d 455 (Fla.2004) (cites limits on inquiry into conviction nature)
- Fulton v. State, 335 So.2d 280 (Fla.1976) (limits on impeachment by conviction, dishonesty focus)
- Johnson v. State, 361 So.2d 767 (Fla. 3d DCA 1978) (perjury exception under prior statute before 90.610)
- Bozeman v. State, 698 So.2d 629 (Fla.4th DCA 1997) (opening-the-door concept for cross-examination fairness)
- State v. DiGuilio, 491 So.2d 1129 (Fla.1986) (harmless error standard for nonconstitutional trial error)
- Czubak v. State, 570 So.2d 925 (Fla.1990) (collateral crime evidence presumed harmful; closing argument impact considerations)
- Nardone v. State, 798 So.2d 870 (Fla.4th DCA 2001) (limits on relevance of prior convictions under 90.610)