State v. WilliamsState v. Williams
This cause is before us on a petition to review the decision of the Fifth District Court of Appeal in Williams v. State, which is reported at 416 So.2d 493 (Fla. 5th DCA 1982). This decision conflicts with Fouts v. State, 374 So.2d 22 (Fla. 2d DCA 1979). We have jurisdiction.
The respondent, Donald Williams, was charged, tried and convicted of escape in violation of
It was necessary for the state to provе, as an essential element of the crime of escape, that the accused was in “lawful custody” as that term is defined in the above statutes. The requisite quantum of proof in a criminal case is “proof beyond and to the exclusion of reasonable doubt.” The state, merely by a showing of custody, even though such showing may support a reasonable inference of lawful custody, has not met the test to support a criminal conviction.
416 So.2d at 494 (citations omitted).
The district court‘s determination that proof that the accused was in “lawful custody” is an essential element of the crime of escape was based on its reading of two statutes.
Any prisonеr confined in any prison, jail, road camp, or other penal institution, state, county, or municipal, working upon the public roads, or being transported to or from a place of confinement who escapes or attempts to escape from such confinement shall be guilty of a felony of the seсond degree, punishable as provided in
s. 775.082 ,s. 775.083 , ors. 775.084 . The punishment of imprisonment imposed under this section shall run consecutive to any former sentence imposed upon any prisoner.
The district court then looked to the definition of the word “prisoner” as supplied by
(5) “Prisoner” means any person who is under arrest and in the lawful сustody of any law enforcement official, or any person convicted and sentenced by any court and committed to any municipal or county jail or state prison, prison farm, or penitentiary, or to the custody of the department, as provided by law.
The district court found that the evidence presented by the state at the trial level showed only that the defendant was confined in the jail as evidenced by the jail log and that he had been transported from the jаil to the hospital emergency room when the alleged escape occurred. The court concluded that this evidence was insufficient to support a criminal conviction and reversed the judgment of conviction for escape.
The petitioner, the State of Florida, argues that once thе state proved Williams was a prisoner, carried on the log as such,
[I]f there is an exception in the enacting clause, the party pleading must show that his adversary is not within the exception; but, if there be an exception in а subsequent clause, or subsequent statute, that is matter of defense, and is to be shown by the other party.
The state further maintains that Fouts v. State, 374 So.2d 22, 24 (Fla. 2d DCA 1979), precludes the state from showing the circumstances of William‘s confinement because of the possible prejudice which would result from introduction of the details of the nature of his arrest. In Fouts, the appellant‘s status as a prisoner with respect to
The instant case deals with actions of the respondent, Williams, which are prior to any judgment of conviction. Nevertheless, the concerns which prompted the decision in Fouts are applicable. The appellant would undoubtedly be prejudiced by the introduction of the required proof оf the details of the nature of his arrest.
We must conclude that the majority opinion of the district court is incorrect and requires an unreasonable burden on the part of the state. We agree with Judge Cowart‘s belief, expressed in his dissenting opinion, that the element of custody was not intended by the legislature to invariably rеquire proof of the technical correctness of the circumstances underlying the original arrest of the prisoner, such as the validity of any warrant or compliance with the details of statutes, such as
The important factor in determining the validity or constitutionality of a рresumption contained in a criminal statute is the reasonableness of the relationship between the presumed fact and the proven fact from whiсh it is presumed. There must be some rational connection between the fact proven and the ultimate fact presumed. Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969); Tot v. United States, 319 U.S. 463, 63 S.Ct. 1241, 87 L.Ed. 1519 (1943). The jury determines the inferential сonnection and measures the strength and reasonableness of
The question in this case is whether it is reasonable to infer from proof of the fact that a person is actually confined as a prisoner in a legitimatе prison or jail or is in the actual custody of a genuine law enforcement officer as his prisoner that such prisoner is in “lawful” custody. The jury made that inferential deduction in this case. Since it was based on a logical and probable connection with the antecedent fact, I decline to hold that the jury was unrеasonable, as a matter of law, in doing so. I am aware that other district courts have held to the contrary in similar situations. Two such cases are Abbott v. State, 326 So.2d 204 (Fla. 1st DCA 1976), and Maggard v. State, 226 So.2d 32 (Fla. 4th DCA 1969). However, I feel those opinions and the majority opinion invade the province of the jury.
The trial court correctly denied the petitioner‘s motion for judgment of acquittal. Accordingly, we quash the decision of the district court and remand same with instruction to affirm the conviction.
ALDERMAN, C.J., and BOYD, OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.