JAMES HUTCHINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1990-04-04
No. 88-2812
STONE and POLEN, JJ., concur., ANSTEAD, J., concurs specially with opinion.
559 So. 2d 340 Florida District Court of Appeal, Fourth District (1990) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Appellant Hutchinson was convicted of first degree murder and kidnapping in the death of Kenneth Beaty, who was brutally beaten and killed in a retaliatory attack. The appellate court affirmed the conviction and sentence, rejecting challenges to the admission of a codefendant's prior consistent statement, the adequacy of a trial hearing, and denial of a psychiatric examination motion.


Holding

The court affirmed all aspects of the conviction and sentence. The admission of Byrnes' prior consistent statement was either proper under the exception in Florida Statutes § 90.801(2)(b) or, if erroneous, harmless because Byrnes' fear of the death penalty at the time of the statement demonstrated no improper motive and the statement did not significantly add weight to his testimony. The trial court adequately conducted the required hearing and properly denied the motion for psychiatric examination.


Headnotes

[1] A prior consistent statement of a witness is admissible to rebut an express or implied charge of improper influence, motive, or recent fabrication, provided the declarant…

[2] The admission of a witness's prior consistent statement may be harmless error even if improperly admitted.

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Key Quotes

“Generally, a witness' testimony may not be corroborated by his own prior consistent statement.”

States the general rule that prior consistent statements cannot corroborate a witness's testimony

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Facts & Procedural History

Appellant Hutchinson and three codefendants were charged with the first degree murder and kidnapping of Kenneth Beaty. Beaty was subjected to continuo…

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Opinion of the Court
PER CURIAM.

[*341] PER CURIAM.

Appellant seeks review of his conviction and sentence for first degree murder and kidnapping. We affirm all three points on appeal.

Appellant and three codefendants were charged with first degree murder and kidnapping in the death of Kenneth Beaty. The evidence showed that Beaty was subjected to continuous beatings until unconscious. The beatings were in retaliation for the alleged theft of stereo equipment from two of appellant’s codefendants. Appellant, codefendant Kevin Byrnes and the other codefendants subsequently agreed to take Beaty out to the Everglades. Beaty was then beaten with golf clubs, placed and left in the trunk of a ear for an hour, beaten over the head with a bumper jack, hit with a hammer, tied up with an extension cord and had his throat cut. Beaty’s body was then disposed of in a canal. During trial and over defense objection, the trial judge admitted Byrnes’ prior consistent police statement. Appellant argues that the admission of Byrnes’ taped statement violates the rule that a witness’ testimony cannot be corroborated by his own prior consistent statement.

Generally, a witness’ testimony may not be corroborated by his own prior consistent statement. Jackson v. State, 498 So. 2d 906 (Fla.1986). However, section 90.801(2)(b), Florida Statutes (1987), contains an exception to the general rule. In pertinent part that section provides:

(2) A statement is not hearsay if the declarant testifies at trial or hearing and is subject to cross-examination concerning the statement and the statement is:
(b) Consistent with his testimony and is offered to rebut an express or implied charge against him of improper influence, motive, or recent fabrication....

See also Gardner v. State, 480 So. 2d 91 (Fla.1985).

In the instant case, the record reflects that at the time of his arrest Byrnes had not come forward to police because he was afraid of the electric chair. However, the plea agreement reached with Byrnes occurred after the statement to police. Moreover, there was no evidence presented at trial that Byrnes had been offered any deal at the time of his police statement. We believe no improper motive arose. In the same vein, the admission of the statement did not give significant additional weight to Byrnes’ testimony. Parker v. State, 476 So. 2d 134 (Fla.1985). Thus, even if the admission of Byrnes’ prior consistent statement was error we would find it harmless. State v. DiGuilio, 491 So. 2d 1129 (Fla.1986).

As to appellant's second point on appeal, we find that the trial court conducted an adequate hearing in accordance with Richardson v. State, 246 So. 2d 771 (Fla.1971). Finally, we find no error in the trial court’s denial of appellant’s motion for psychiatric examination of a key prosecution witness. Baker v. State, 526 So. 2d 202 (Fla. 4th DCA 1988). Accordingly, we affirm appellant’s conviction and sentence as well as all three points on appeal.

STONE and POLEN, JJ., concur. ANSTEAD, J., concurs specially with opinion.

Concurrence
ANSTEAD, Judge,

ANSTEAD, Judge,

specially concurring.

I agree that appellant’s conviction should be affirmed and that appellant has not demonstrated error in the admission of the prior consistent statement of the witness, Byrnes. Before trial, but well after giving the prior consistent statement, Byrnes entered into a plea bargain with the state whereby he would plead guilty to lesser charges in exchange for his cooperation in testifying against the appellant. Appellant’s counsel impeached Byrnes’ testimony at trial by questioning Byrnes as to the plea bargain as well as numerous inconsistencies in Byrnes’ trial testimony and previous statements. By doing so, I agree with the contention set out in the state’s brief that this impeachment served as a proper predicate for the admission of Byrnes’ previous statement: During cross-examination, defense counsel impeached the witness numerous times by asking him about his plea bargain with the State in return for his testimony in the trial (R. 888,950-951); the difference in his first statement to the police and his testimony at the trial (R. 893-895,918,); the difference between his second statement to the police and his testimony at trial (R. 953); and the difference between the testimony he gave at the deposition and his testimony at trial (R. 953-980). There is no doubt that this was an express charge against him of improper influence, (the plea bargain), motive, (the terms of the bargain), or recent fabrication (again the plea bargain).


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Citator

Cited By

  • COX v. State, 563 So. 2d 1116 (Fla. 4th DCA 1990)
    …fruitless. Rodriguez v. State, 494 So. 2d 496 (Fla. 4th DCA 1986). On the other hand, we find that the trial court’s admission of the prior consistent statements of Jeffrey Stubbs was proper and we affirm that point on appeal. Hutchinson v. State, 559 So. 2d 340 (Fla. 4th DCA 1990); Jenkins v. State, 547 So. 2d 1017 (Fla. 1st DCA 1989). Finally, the trial court erred in imposing costs in the amount of $200.00 and a $2500.00 surcharge pursuant to section 960.20, Florida Statutes (1987), without notice to ap…

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