CLETIS LEWIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Fourth District Court of Appeal affirmed Cletis Lewis's conviction and sentence for armed robbery, rejecting his contentions that detective statements in a video improperly bolstered witness testimony and that the trial court erred in refusing a special jury instruction on intent.
The trial court did not abuse its discretion in admitting the detective's statements in the video, which were not offered for the truth of the matter but to provide context and provoke the defendant's reaction. The failure to give a limiting instruction was not an abuse of discretion under the facts and circumstances, and any error was harmless. The trial court also did not abuse its discretion in denying the special jury instruction on intent, as trial judges have wide discretion in jury instruction decisions.
[1] A court does not abuse its discretion in admitting portions of a video interview with a defendant where a detective states his belief in witness testimony, if the stateme…
[2] The failure to give a limiting instruction regarding a detective's statements in a video interview concerning witness accounts is not an abuse of discretion when viewed i…
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 court did not abuse its discretion in admitting detective's statements during interview with defendant concerning facts that he had gathered from his investigation, as they were not admitted for truth of the matter but solely to provide context and to provoke reaction of defendant”
Establishes the legal standard for admissibility of detective statements in interviews, distinguishing between statements offered for their truth versus those offered for context.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA video interview of the appellant was presented at trial in which a detective stated that he believed what witnesses had told him regarding facts gat…
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We affirm appellant’s conviction and sentence for armed robbery. Appellant contends that the court allowed into evidence portions of a video in which the detective improperly bolstered witnesses’ testimony. The court did not err in refusing to redact portions of the video interview with the appellant. In the video the detective stated that “right now” he believed what the witnesses had told him, and appellant agreed that it was the detective’s job to do so. See McWatters v. State, 36 So.3d 613, 638 (Fla.2010) (finding that the court did not abuse its discretion in admitting detective’s statements during interview with defendant concerning facts that he had gathered from his investigation, as they were not admitted for truth of the matter but solely to provide context and to provoke reaction of defendant). Further, the failure to give a limiting instruction with respect to the officer’s statements in the interview regarding what witnesses saw was not an abuse of discretion based upon the facts and circumstances of this case. And, in any event, any error was harmless. See State v. DiGuilio, 491 So.2d 1129, 1135 (Fla.1986). As to the court’s denial of appellant’s requested special jury instruction on intent, no abuse of discretion is shown. See Lewis v. State, 693 So.2d 1055, 1058 (Fla. 4th DCA 1997) (“Trial judges have wide discretion in decisions regarding jury instructions, and the appellate courts will not reverse a decision regarding an instruction in the absence of a prejudicial error that would result in a miscarriage of justice.”). Finally, appellant’s sentence was proper. See Cruz v. State, 189 So.3d 822, 832 (Fla. 4th DCA 2015).
WARNER, TAYLOR and GERBER, JJ., concur.
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Citator
Cited By
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Cletis Lewis v. State (Fla. 4th DCA 2021)
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Thomas v. Sec'y, Dep't of Corr. (Duval County) (M.D. Fla. 2023)…not engage in improper questioning of Defendant, such that a motion in limine to prohibit his statements would have been successful or that the trial judge would have sustained objections by counsel to the statements. See, e.g., Lewis v. State, 204 So. 3d 495, 496 (Fla. 4th DCA 2016) (citing McWatters v. State, 36 So. 3d 613, 638 (Fla. 2010) (finding trial court “did not abuse its discretion in admitting detective’s statements during interview with defendant concerning facts that he had gathered…
Authorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- McWATTERS v. State, 36 So. 3d 613 (Fla. 2010)
- Lewis v. State, 693 So. 2d 1055 (Fla. 4th DCA 1997)
- Cruz v. State, 189 So. 3d 822 (Fla. 4th DCA 2015)