THOMAS DEL HASKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Haskins appeals his conviction for armed robbery, kidnapping, and aggravated assault arising from an armed drugstore robbery where he and an accomplice held employees and customers at gunpoint, stole drugs, and used them on premises while being videotaped. The court affirmed the convictions, rejecting challenges to the videotape evidence and the conviction on the lesser-included offense of aggravated assault.
The videotape evidence was admissible and relevant as corroboration of witness testimony regarding the defendant's actions during the robbery and kidnapping, and as evidence of his state of mind regarding the insanity defense. Separate convictions for armed robbery and kidnapping were properly supported by evidence, and aggravated assault as a lesser-included offense of kidnapping could be charged and sentenced separately from the armed robbery.
[1] Videotape evidence is admissible if it is relevant and its probative value outweighs its prejudicial effect.
[2] Evidence of a defendant's actions and conduct during the commission of a crime is relevant to corroborate victim testimony.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the activities of the defendant and his accomplice shown on the videotape were graphically corroborative of the testimony of the occupants of the store as to the defendant's actions and conduct at the time that the robbery and kidnapping were being committed”
Establishes the evidentiary basis for admitting the videotape as corroboration of witness testimony
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Join FLexlaw to unlock all legal intelligenceHaskins and Frankie Darlene Baggett entered a drugstore with a handgun, forced the pharmacist to open the safe and give them drugs, and held people at…
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NIMMONS, Judge.
Haskins appeals from a conviction and sentence for armed robbery and aggravated assault. We affirm.
Haskins and a female accomplice, Frankie Darlene Baggett, entered a drugstore with a handgun and forced the pharmacist to open the store safe and give them drugs. Haskins and Baggett held the pharmacist and others on the premises at gunpoint for a period of time while they swal lowed and injected themselves with the drugs. Haskins telephoned the Sheriff’s Office, stated that he was holding hostages and demanded that the Sheriff come to the store. Shortly thereafter, Haskins released everyone in the store except the pharmacist and one customer. A deputy sheriff arrived and Haskins released the pharmacist. When the Sheriff arrived, Haskins released the last customer. Haskins demanded that the Sheriff call two local television stations and ask that they come to the scene so that Haskins could make a statement. The Sheriff did so and television camera crews arrived shortly thereafter. Haskins and Baggett continued to inject the stolen drugs while their activities in the store were videotaped. The tape showed Baggett with a belt around her neck and Haskins attempting to stick a vein in Baggett’s neck with a needle and syringe. The sound track also picked up Haskins’ “ranting” and cursing. When Haskins put the gun down, the deputy grabbed it and arrested Haskins and Baggett.
Haskins was charged with robbery with a firearm and kidnapping and pled not guilty by reason of insanity. Haskins objected at trial to the admission in evidence of the videotape. He contends on appeal that the events which occurred after the victim, the pharmacist, left the premises were irrelevant and prejudicial. We disagree.
In the first place, the activities of the defendant and his accomplice shown on the videotape were graphically corroborative of the testimony of the occupants of the store as to the defendant’s actions and conduct at the time that the robbery and kidnapping were being committed. Secondly, the defendant’s state of mind was highly relevant in view of the defense of insanity. The defense had filed a notice of intent to rely upon the defense of insanity. Further, during his opening statement, defense counsel announced to the jury that the insanity defense would be raised during the trial.
Haskins also attacks the judgment and sentence for the offense of aggravated assault which was imposed pursuant to the jury’s verdict as to the second count. The second count charged the defendant with kidnapping. The victim in both counts was the pharmacist. Without objection, the court instructed the jury on aggravated assault as a lesser-included offense of the kidnapping count. Haskins claims that the aggravated assault was a lesser-included offense under the armed robbery charge in Count I and that he cannot be sentenced on both the armed robbery and the lesser-included offense. The evidence in this case supported separate charges of armed robbery and kidnapping. See Dowdell v. State, 415 So. 2d 144,145 (Fla. 1st DCA 1982). The same argument was made by accomplice Baggett on her appeal from similar convictions. For the reasons set forth in this Court’s opinion in Baggett v. State, 424 So. 2d 99 (Fla. 1st DCA 1982) we reject the defendant’s attack on the aggravated assault judgment and sentence.
AFFIRMED.
BOOTH and WIGGINTON, JJ., concur.
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Citator
Cited By
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Hardie v. State, 513 So. 2d 791 (Fla. 4th DCA 1987)…rior knowledge and contacts with appellant. Their testimony as it related to the videotape did not constitute hearsay because the videotape had been properly admitted into evidence. See Huff v. State, 437 So. 2d 1087 (Fla.1983) and Haskins v. State, 428 So. 2d 389 (Fla. 1st DCA 1983). However we find merit in appellant’s contention that he suffered prejudice as a result of the witnesses being identified as police officers and then testifying concerning his identity because it created the impression that he ha…
Authorities Cited
- Napoleon Dowdell v. State, 415 So. 2d 144 (Fla. 1st DCA 1982)
- Frankie Darlene "Dolly" Baggett v. State, 424 So. 2d 99 (Fla. 1st DCA 1982)