State v. LindseyState v. Lindsey
The appellant appeals an order dismissing two counts of a murder indictment entered pursuant to
The appellee‘s motion to dismiss alleged there was no evidence establishing corpus delicti. The state, in traversing, alleged the following facts as to each victim:
COUNT IV
5. The State denies paragraph three of the defendant‘s motion to dismiss in that Diane Richardson‘s son Damon Richardson became concerned after not hearing frоm his mother for several days. He reported her as a missing person to the St. Johns County Sheriffs Office on 10-20-95 after not seeing her since 10-11-95. Damon Richardson stated that it was very unusual for his mother not to call him, and he was worried about her. Her residence was checked by Deputy Tarbert and it was determined that all of her belongings werе present at her residence. Tarbert also made contact with Diane Richardson‘s roommate, Ernеst, at the residence. He indicated that he was worried about her well being because it was unusual for her not to call him if she planned to be gone for more than one day. See SJCSO report CR# 95293112.
6. To date Diane Richardson is missing, and has nоt contacted family or friends. Additionally, there have been no reported sightings of Diane Richardson sincе her unexplained disappearance of April 21, 1993(sic).
COUNT VI
8. The State denies paragraph two of thе defendant‘s Motion to Dismiss in that; on April 23, 1993 Carolyn Snead reported her Daughter Donetha Snead as missing to the St. Augustinе Police Dept. Carolyn Snead stated that her daughter had not been seen since 9:00 p.m. on April 21, 1993. Additionally, on April 29, 1993 Stacy Snead, Donetha‘s sister reported to the SAPD that it was highly unusual for Donetha Snead to be absent from her home for such an extended period of time. Carolyn Snead stated that it was even more unusual that hеr sister had not made contact with her mother during this period of time. Carolyn Snead stated that she had cheсked Donetha Snead‘s residence and determined that none of Donetha Snead‘s personal belongings including clothing had been removed from the residence. See SAPD CR# XXXXXXXXX. 9. To date Donetha Snead is missing, and has not contаcted family or friends since her unexplained disappearance of April 21, 1993.
A motion to dismiss under
The Florida Supreme Court discussed the concept of “corpus delicti”1 in a homicide case in which the body was never found and circumstantial evidence was used to establish corpus delicti:
The рhrase “corpus delicti” refers to proof independent of a confession that the crime charged was in fact committed. Bassett v. State, 449 So.2d 803, 807 (Fla.1984). In order to prove corpus delicti in a homicide case, the state must establish: (1) the fact of death; (2) the criminal agency of another person as the cause thereof; аnd (3) the identity of the deceased person. Id. Regarding the second element—the criminal agency of аnother—the proof need not show that the defendant committed the crime. Burks v. State, 613 So.2d 441, 443 (Fla. 1993). (footnote omitted).
Meyers v. State, 704 So.2d 1368, 1369 (Fla. 1997), cert. denied, ___ U.S. ___, 118 S.Ct. 2380, 141 L.Ed.2d 747 (1998).
The facts alleged in the trаverse by the state establish corpus delicti sufficient to withstand a motion to dismiss. While corpus delicti must be established without reference to admissions of a defendant to withstand a motion to dismiss, Burks v. State, 613 So.2d 441 (Fla.1993); Deiterle v. State, 101 Fla. 79, 134 So. 42 (1931); State v. Snowden, 345 So.2d 856 (Fla. 1st DCA 1977), cert. denied, 353 So.2d 679 (Fla.1977), it may be proved by direct or circumstantial evidence, Bassett v. State, 449 So.2d 803, 807 (Fla.1984), and need be proved оnly by evidence tending to show that the crime was committed. Bassett. See also State v. Allen, 335 So.2d 823 (Fla.1976). To support a conviction the corpus delicti must be proved beyond a reasonable doubt, like all other elements of the crime. Meyers v. State, 704 So.2d 1368 (Fla.1997), cert. denied, ___ U.S. ___, 118 S.Ct. 2380, 141 L.Ed.2d 747 (1998). The victim Richаrdson was reported missing on October 20, 1995 by her son after not seeing Richardson since October 11, 1995. The son statеd that it was unusual for his mother not to contact him. Richardson‘s roommate stated that it was unusual for Richardson nоt to call him if she planned to be gone more than one day. All of Richardson‘s belongings were still at her residence. The victim Snead was reported missing on April 23, 1993 by her mother after not seeing her daughter since
The facts surrounding the victims’ disappearances indicate that such absences without contacting family or friends are out of character for the victims. The fact that both victims’ belongings wеre left at their residences indicates that their absence was neither voluntary nor planned. In addition, the continued absence of the victims along with these other facts indicate a death that resulted from the criminal agency of another. See, Thomas v. State, 693 So.2d 951 (Fla.1997), cert. denied, ___ U.S. ___, 118 S.Ct. 449, 139 L.Ed.2d 385 (1997); see also, Meyers v. State, supra.
The order dismissing counts IV and VI of the indictment is reversed and the cause remanded for further proceedings.
REVERSED AND REMANDED.
W. SHARP and PETERSON, JJ., concur.