Schramm v. StateSchramm v. State
Leonard Francis Schramm seeks reversal of his conviction for (1) an accessory after the fact, and (2) perjury on the ground of insufficiency of the evidence.
During the early morning hours of July 11, 1977, Jimmy Lee Calvert strangled Jeffrey Paul to death in a house which he rented from Schramm. Calvert moved Paul‘s body outside, positioned the victim‘s car to make it appear that the body had been thrown on the premises and then notified the neighbors who summoned the police. After an initial investigation of the premises, the police requested that Calvert
The above facts resulted in the prosecution and conviction of Schramm for the crimes of accessory after the fact and perjury in an official proceeding.
Schramm first contends that the trial court erred in denying his motion for judgment of acquittal where the evidence was insufficient as a matter of law to establish him as an accessory after the fact.
A person is an accessory after the fact where he maintains, assists or gives an offender any aid, knowing that he committed a felony with the intent that he shall avoid or escape detection, arrest, trial, or punishment.
There is ample evidence that Schramm helped Calvert with his flight to Atlanta. When Schramm was later called by an investigating officer, he denied knowing where Calvert might have gone. These facts conclusively established that Schramm aided Calvert with the intent to avoid detection.
Nevertheless, Schramm argues that because Calvert was a suspect prior to his intervention, the prosecution failed to show he intended to aid Calvert avoid detection. The fallacy in this argument is that the statute refers to an offender, not a suspect, and Calvert, although a suspect, had not yet been determined by the police to be the perpetrator of the homicide. By helping Calvert flee so he would not have to take a polygraph test, Schramm obviously aided Calvert to avoid detection. The subject statute also covers the rendering of assistance to avoid arrest, jail, etc. as well as detection. Schramm knew that Calvert was the offender and, therefore, by aiding in his flight, he helped him avoid the polygraph examination, further investigation and escape arrest.
Schramm further argues under this point that his lack of criminal intent is demonstrated by his subsequent reporting of Calvert‘s whereabouts to the police. Schramm can find no solace in this fact in that once he aided Calvert‘s flight to avoid detection and arrest, he had committed the crime of accessory after the fact. See Bush v. State, 359 So.2d 556 (Fla. 4th DCA 1978), supra.
Schramm secondly contends that the trial court erred in failing to grant his motion for judgment of acquittal where the evidence was insufficient as a matter of law to sustain a conviction for perjury in an official proceeding pursuant to
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“837.011 Definitions In this chapter, unless a different meaning plainly is required:
“(1) `Official proceeding’ means a proceeding heard, or which may be or is required to be heard, before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, including any referee, master in chancery, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with any such proceeding.”
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Schramm gave his false statements to the police at the police station pursuant to a homicide investigation. An interrogation which is conducted solely at the hands of the police at a police station is simply not an official proceeding within the definition of the statute. See McCoy v. State, 338 So.2d 52 (Fla. 4th DCA 1976) and Cf. State v. Leighton, 365 So.2d 397 (Fla. 4th DCA 1979). Thus, if Schramm is guilty of an offense involving false statements, it must be an offense provided for in
We also considered Schramm‘s remaining point on appeal and conclude that no reversible error has been made to appear.
Affirmed in part, reversed in part.