Antoine E. McCloud v. State of Florida

260 So. 3d 911
Supreme Court of Florida·Decided December 20, 2018·No. SC17-2011·Published·Cited by 11 cases

Opinions

LEWIS, J.

This case is before the Court for review of the decision of the Second District Court of Appeal in McCloud v. State , 224 So.3d 842 (Fla. 2d DCA 2017). The district court certified that its decision is in direct conflict with the decision of the First District Court of Appeal in McCray v. State , 171 So.3d 831 (Fla. 1st DCA 2015). McCloud , 224 So.3d at 847. We have jurisdiction.

*913See art. V, § 3(b)(4), Fla. Const. This conflict concerns the proper interpretation of Florida's witness tampering statute: section 914.22, Florida Statutes (2014). For the reasons that follow, we approve the decision below and disapprove of the First District's precedent discussed in McCray .

FACTUAL AND PROCEDURAL BACKGROUND

This case presents a pure question of statutory interpretation; however, to the extent that the facts are relevant, the Second District sufficiently recited them:

The incident that gave rise to the witness tampering charge occurred on the morning of March 8, 2015. Mr. McCloud awoke to noise made by his six-year-old daughter [ (the younger daughter) ] in the living area of his home. Mr. McCloud began yelling at his daughter to play more quietly and threatened to spank her. The victim, who was the child's mother and Mr. McCloud's wife, also awoke and told Mr. McCloud to calm down. Upon being told to calm down, Mr. McCloud became angry, approached the victim, who was still in bed, and screamed at her to stop interfering with his attempts to discipline their daughter.
The victim testified that Mr. McCloud then pushed her in the chest and poked her in the forehead about two to three times. After he stopped pushing her, Mr. McCloud then left the bedroom. Upon his exit, the victim began shouting to her twelve-year-old daughter [ (the older daughter) ] to call for help. Mr. McCloud returned to the bedroom with a gun in his hand. He threatened to kill the victim if she ever took the children from him. Mr. McCloud then left the bedroom again and approached the older daughter, who was watching the incident unfold from the hallway outside of the bedroom. The victim testified that Mr. McCloud took the older daughter's cell phone out of her hands and said, "Are you going to call those people on me? Are you telling my daughter to call those people on me?" The victim also testified that at some point during the incident, Mr. McCloud took her cell phone and threw it to the ground, causing the battery to fall out.
The older daughter testified that upon hearing the victim shout for help, she left her bedroom and observed from the hallway that Mr. McCloud was on top of the victim, apparently holding her arms down for about twenty seconds. She also saw that the victim's phone was broken on the floor. The older daughter also testified that as she was standing in the hallway, Mr. McCloud approached her and grabbed her cell phone out of her hands. The older daughter stated that upon seizing her cell phone, Mr. McCloud stated, "You can't call the cops on me. You can't get my kids to call the cops on me."
Mr. McCloud took the stand in his own defense at trial. He testified that he never hurt the victim and that he took the phone from his older daughter as a form of punishment for her failure to clean the house. He further testified that at the time he took the phone from his older daughter, the phone's screen was black and that there was no phone call in progress.
At the close of the State's case, the defense moved for a judgment of acquittal. Defense counsel argued that the evidence was insufficient to sustain a conviction for witness tampering because under McCray, [171 So.3d at 832 ], the State was required to and failed to present evidence that "the victim [or witness] was attempting to contact law enforcement during the time of the incident." The trial court denied the motion, finding that the State's evidence was sufficient to present the case to the *914jury. The jury returned a verdict finding Mr. McCloud guilty of tampering with a witness as charged. It also found him guilty of simple battery, a misdemeanor in the first degree, and assault, a misdemeanor in the second degree.[n.1]
[n.1] Mr. McCloud does not challenge his convictions for battery and assault.

McCloud , 224 So.3d at 843-44.

McCloud appealed the denial of motion for judgment of acquittal to the Second District, relying upon the First District's precedent articulated in McCray . Id. The Second District rejected McCray , certified conflict with the decision, and affirmed McCloud's conviction for witness tampering. Id. at 847.1

This review follows.

ANALYSIS

The issue central to the certified conflict is whether section 914.22(1)(e), Florida Statutes, requires the State to demonstrate that a witness attempted to contact law enforcement to prove its case in chief on witness tampering. Based on the plain language of the statute, we conclude that the statute does not designate an attempt to contact law enforcement as an element of the crime; accordingly, the Second District's interpretation below was correct.

Standard of Review and Legal Standard

This Court undertakes de novo review for questions of statutory interpretation. E.g. , Polite v. State , 973 So.2d 1107, 1111 (Fla. 2007). The purpose of this endeavor is to effectuate the Legislature's intent because "legislative intent is the polestar that guides a court's statutory construction analysis." State v. J.M. , 824 So.2d 105, 109 (Fla. 2002) ; e.g. , In re Ginsberg's Estate , 50 So.2d 539, 542 (Fla. 1951) ("It is a fundamental rule in statutory construction that the intention of the Legislature in the enactment of a statute should be ascertained and effectuated."); Getzen v. Sumter Cty. , 89 Fla. 45

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Antoine E. McCloud v. State of Florida, 260 So. 3d 911 (Fla. 2018).

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