Anthony v. State

108 So. 3d 1111, 2013 WL 275533, 2013 Fla. App. LEXIS 1036
CourtDistrict Court of Appeal of Florida
DecidedJanuary 25, 2013
DocketNo. 5D11-2357
StatusPublished
Cited by6 cases

This text of 108 So. 3d 1111 (Anthony v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anthony v. State, 108 So. 3d 1111, 2013 WL 275533, 2013 Fla. App. LEXIS 1036 (Fla. Ct. App. 2013).

Opinion

PER CURIAM.

Casey Anthony appeals her convictions for four counts of providing false information to a law enforcement officer during a missing person investigation in -violation of section 837.055, Florida Statutes (2008). These charges arose from statements Appellant made to Detective Yuri Melich on July 16, 2008 during an investigation into the disappearance of Appellant’s young daughter, Caylee Anthony. Appellant ar[1114]*1114gues that these convictions should be reversed because: (1) the trial court should have granted her motion to suppress statements made to law enforcement officers prior to Appellant having been apprised of her Miranda1 rights; (2) her multiple convictions violated the prohibition against double jeopardy; and (3) section 837.055 is unconstitutionally vague. We reject Appellant’s first and third arguments, but conclude that double jeopardy principles require that two of her four misdemeanor convictions be set aside.

On the evening of July 15, 2008, law enforcement officers arrived at the residence of Appellant’s parents, George and Cindy Anthony, in response to three 9-1-1 calls placed by Cindy Anthony. In the first two calls, Cindy Anthony requested police assistance in recovering a vehicle and money allegedly stolen by Appellant. In the third 9-1-1 call, Cindy Anthony reported that her granddaughter, Caylee, had been missing for approximately thirty days. Cindy Anthony testified that she made these phone calls because Appellant would not tell her where Caylee was.

When the officers arrived, they separated the family members according to their standard procedure and obtained statements regarding the missing child. Appellant appeared to be cooperating with the officers and provided information freely and voluntarily. She informed the officers that she had last seen Caylee when she dropped her off at the apartment of her nanny, Zenaida Fernandez-Gonzalez, on June 9, 2008. Appellant informed the officers that Gonzalez lived at the Sawgrass Apartments in Orlando, but she could not remember the apartment number.

Appellant agreed to go with Deputy Acevedo to the Sawgrass Apartments to show her exactly where she had last seen her daughter. She sat in the back of Deputy Acevedo’s vehicle with the partition open so that she could communicate with her. After indicating to Deputy Acevedo the particular apartment where she had purportedly left Caylee, Appellant was driven back to her home where she gave law enforcement officers a written statement. The statement was read into evidence at trial and provided as follows:

Monday June 9th, 2008, between 9 a.m. and 1 p.m., I, Casey Anthony, took my daughter, Caylee Marie Anthony, to her nanny’s apartment. Caylee will be three years old on August 9th, 2008. She was born on August 9, 2005. Cay-lee is about three feet tall, white female with shoulder-length, light brown hair. She has dark hazel eyes (brown/green), and a small birthmark on her left shoulder. On the day of her disappearance, Caylee was wearing a pink shirt with jean shorts, white sneakers and her hair was pulled back in a ponytail.
On Monday, June 9, 2008, between 9 a.m. and 1 p.m., I took Caylee to the Sawgrass Apartments located on Conway Road. Caylee’s nanny, Zenaida Fernandez-Gonzalez, has watched her for the past year and a half to two years. Zenaida is 25 years old and is from New York. She is roughly five-foot seven-inches tall, 140 pounds. She has dark brown curly hair and brown eyes. Ze-naida’s birthday is in September.
I met Zenaida through a mutual friend, Jeffrey Michael Hopkins. She has watched his son Zachary Hopkins for six months to a year. I met Zenaida in 2004 around Christmas. On the date listed above, June 9, 2008, after dropping Caylee off at Zenaida’s apartment, I proceeded to head to my place of employment at Universal Studios Orlan[1115]*1115do. I have worked at Universal for over four years since June of 2004.
I left work around 5 p.m. and went back to the apartment to pick up my daughter; however, after reaching the apartment, I realized that neither Zenaida or Caylee nor either of her two roommates was home.
I had briefly met Raquel Farrell and Jennifer Rosa on various occasions after calling Zenaida to see where she and Caylee were and when they were coming home. I waited outside of the apartment.
I had called Zenaida earlier that morning prior to bringing Caylee over for the afternoon. When I called her that afternoon, her phone was no longer in service.
Two hours passed, and around 7 p.m., I left the apartment and headed to familiar places that Zenaida would go with Caylee. One of Caylee’s favorite places is Jay Blanchard Park. I spent the rest of the evening — correction—rest of that evening pacing and worrying that one of the few places I felt, quote, at home, unquote, my boyfriend Anthony Lazza-ro’s apartment.
For the past four weeks since Caylee’s disappearance, I have stayed at Anthony’s apartment in Sutton Place. I have spent every day since Monday, June 9, 2008, looking for my daughter. I have lied and stolen from my friends and family to do whatever I could by any means to find my daughter.
I have avoided calling the police or even notifying my own family out of fear. I have been and still am afraid of what has or may happen to Caylee. I have not had any contact with Zenaida since Thursday, June 12, 2008. I received a quick call from Zenaida.
Not once have I been able to ask her for my daughter or gain any information on where I can find her. Every day I have gone to malls, parks, anyplace I could remember Zenaida taking Caylee. I have gone out and tried to find any information about Caylee or Zenaida whether by going to a popular bar or restaurant.
I have contacted Jeff Hopkins on several occasions to see if he had heard from or seen Zenaida. Jeff currently lives in Jacksonville, Florida.
On Tuesday, July 15th, 2008, around 12 p.m., I received a phone call from my daughter Caylee. Today was the first day I have heard her voice in over four weeks. I’m afraid of what Caylee is going through. After 81 days, I know that the only thing that matters is getting my daughter back.
With many and all attempts to contact Zenaida and within the one short conversation on June 12th, 2008,1 was never able to check on the status or well-being of my daughter. Zenaida never made an attempt to explain why Caylee is no longer in Orlando or if she is ever going to bring her home.

At some point after Appellant had given her written statement, Cindy Anthony approached Deputy Eberlin and presented him with documents purportedly demonstrating that Appellant had fraudulently used Cindy Anthony’s credit card. Because Deputy Eberlin believed Cindy Anthony’s allegations regarding the fraudulent credit card charges, he handcuffed Appellant and put her in his patrol car. Shortly thereafter, supervising officer Sergeant Hosey noticed that Appellant was in handcuffs and instructed that the handcuffs be removed because the focus of the law enforcement investigation was the possible kidnapping of Caylee and not fraud allegations against Appellant.

[1116]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

CALVIN MELVIN v. STATE OF FLORIDA
246 So. 3d 424 (District Court of Appeal of Florida, 2018)
Jahman Whitfield v. State
202 So. 3d 456 (District Court of Appeal of Florida, 2016)
Hughes v. State
201 So. 3d 1230 (District Court of Appeal of Florida, 2016)
Joey Hughes v. State
201 So. 3d 1230 (District Court of Appeal of Florida, 2016)
Wright v. State
161 So. 3d 442 (District Court of Appeal of Florida, 2014)
Bannister v. State
132 So. 3d 267 (District Court of Appeal of Florida, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
108 So. 3d 1111, 2013 WL 275533, 2013 Fla. App. LEXIS 1036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anthony-v-state-fladistctapp-2013.