Ward v. State, 2011 Fla. App. LEXIS 6325

Ward was convicted of fleeing/eluding and driving without a valid license related to events on Nov 13, 2005.
Fort Lauderdale officers responded to a shooting; Ward became a suspect and a BOLO was issued for his vehicle.
Officers pursued Ward for 10–20 blocks; no significant traffic violations occurred aside from a wide turn, then Ward was stopped at his mother’s driveway and arrested.
Before trial, the state sought to admit evidence of the shooting as inextricably intertwined with the chase; the court reserved ruling but did not issue a written order.
At trial, the state elicited extensive testimony and photographs about the shooting; defense objected repeatedly and was overruled.
The state emphasized the shooting in opening and closing arguments; the evidence became a major trial feature, influencing the verdict.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of uncharged shooting evidence	State contends the shooting was inextricably intertwined and necessary to context.	Ward contends the shooting evidence was unnecessary and highly prejudicial.	Reversed and remanded for a new trial on the fleeing/eluding count.

White v. State, 817 So.2d 799 (Fla. 2002) (abuse of discretion standard for admission of evidence)
Taylor v. State, 855 So.2d 1 (Fla. 2003) (relevance and admissibility reviewed for abuse of discretion)
Kates v. State, 41 So.3d 1044 (Fla. 1st DCA 2010) (uncharged collateral offenses may be admissible but unnecessary details must be excluded)
Conde v. State, 860 So.2d 930 (Fla. 2003) (limits on context-setting collateral evidence)
Dorsett v. State, 944 So.2d 1207 (Fla. 3d DCA 2006) (context requirement for intertwined evidence)
McCall v. State, 941 So.2d 1280 (Fla. 4th DCA 2006) (presumption of harm for erroneous collateral crimes evidence)
DiGuilio, 491 So.2d 1129 (Fla. 1986) (harmless error standard beyond reasonable doubt)