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Clements v. State

Citations: 769 So. 2d 510; 2000 Fla. App. LEXIS 13662; 2000 WL 1545019Docket: No. 5D00-73

Court: District Court of Appeal of Florida; October 20, 2000; Florida; State Appellate Court

Narrative Opinion Summary

In this case, the appellant contested the admission of a co-defendant's testimony in a grand theft auto trial, arguing that the short notice prevented adequate impeachment preparation. The co-defendant, who agreed to testify on the eve of trial following a plea deal, had a felony record but could not provide detailed recollections of it. The appellant claimed that the inability to secure certified copies of the co-defendant's criminal record or transcribe her deposition constituted prejudicial error. However, the court held that potential errors were harmless, as the victim's testimony about the lack of consent was corroborated by the appellant's flight from police, and the co-defendant's testimony merely affirmed their unauthorized use of the vehicle. The court emphasized that defendants should anticipate co-defendant testimonies due to the unpredictable nature of plea agreements. Consequently, the court found no reversible error and affirmed the judgment against the appellant, with Judges W. Sharp and Griffin concurring in the decision.

Legal Issues Addressed

Admissibility of Co-Defendant Testimony

Application: The court allowed a co-defendant's testimony despite appellant's objection to short notice, emphasizing the unpredictability of plea agreements and the expectation for defendants to anticipate co-defendant testimonies.

Reasoning: The State contended that defendants should consider co-defendants as potential witnesses, noting that the timing of plea agreements is unpredictable.

Harmless Error Doctrine

Application: The potential error in admitting co-defendant's testimony was deemed harmless as the victim's testimony independently established lack of consent, corroborated by appellant's flight.

Reasoning: The court found any potential error harmless, emphasizing that the victim's testimony about lack of consent was supported by appellant's flight, and Bass's testimony merely confirmed their lack of authority regarding the vehicle.

Impeachment and Criminal Record Disclosure

Application: The appellant's inability to obtain certified copies of the co-defendant's criminal record for impeachment purposes did not constitute reversible error.

Reasoning: Appellant argued that allowing Bass to testify with less than 24 hours' notice constituted prejudicial error, as he could not obtain certified copies of her criminal record or have her deposition transcribed in time for impeachment.