Castro v. State

547 So. 2d 111, 1989 WL 77504
CourtSupreme Court of Florida
DecidedJuly 13, 1989
Docket71982
StatusPublished
Cited by51 cases

This text of 547 So. 2d 111 (Castro v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Castro v. State, 547 So. 2d 111, 1989 WL 77504 (Fla. 1989).

Opinion

547 So.2d 111 (1989)

Edward CASTRO, Appellant,
v.
STATE of Florida, Appellee.

No. 71982.

Supreme Court of Florida.

July 13, 1989.
Rehearing Denied September 1, 1989.

*112 James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., and Carolyn N. Snurkowski, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Edward Castro appeals his convictions of first-degree murder and robbery with a deadly weapon. He also appeals the sentence of death and the five-and-one-half-year sentence imposed for the robbery. Our jurisdiction is mandatory.[1] We affirm the convictions but remand for a new sentencing hearing before a jury.

Castro lived in a small efficiency located in the rear of an Ocala apartment house. On January 10, 1987, he met Robert McKnight, who had just hitchhiked to Ocala from Iowa, and invited him to his apartment for a drink. At trial, McKnight testified that while at Castro's apartment, Castro had "ripped up a sheet[,] ... tied my hands and gagged me[,] and was standing over the bed ... asking me where I wanted to be stabbed." In his hand Castro held a steak knife. McKnight was released upon the arrival of John Gallagher, the man with whom Castro shared the apartment. McKnight, nevertheless, stayed with Castro for four days before moving to an upstairs apartment.

On the morning of January 14, when McKnight returned to the apartment to retrieve his clothes, he met Castro and an older man, Austin Scott, leaving the apartment. As Castro passed, he said to McKnight, "this is my hit," whereupon Castro and Scott left in Scott's car to buy beer.

Sometime later that morning, Castro invited McKnight downstairs "to be sociable." Upon arrival, McKnight found the door to Castro's apartment locked. When Castro admitted him, he saw that Scott was dead and that Castro's arms were covered with blood. McKnight testified that Castro then ordered him to pick up the steak knife and stab Scott or "I'd be next." McKnight obeyed and stabbed Scott four or five times in the chest, following which they wiped the blood from the apartment and removed Scott's wallet, change, rings and watch.

Castro and McKnight then left Ocala in Scott's car, heading toward Lake City. During the journey, Castro became "pretty well intoxicated" from drinking the vodka and whiskey which he had found in the trunk. The trip was interrupted when Castro *113 was arrested[2] at a gas station for disorderly intoxication due to his belligerence toward two deputy sheriffs.

While in the holding cell at the jail, Castro indicated to the officer on duty that he had something to tell him which would "put a stripe on [his] sleeve" and asked to see an investigator. Investigator Kay Gallegos responded and after Castro was advised of his Miranda[3] rights he gave the first of three separate statements detailing the circumstances of the killing.

The jury found Castro guilty as charged. During the penalty phase, the state did not put on any evidence and Castro's sole witness was Dr. Barbara Mara, a clinical psychologist. The jury recommended the death penalty and the trial court concurred, finding three aggravating circumstances,[4] two mitigating circumstances,[5] and rejecting two other potential mitigating circumstances.[6]

Castro asserts nine grounds for relief. Challenging the guilt phase, Castro first contends that because the trial court ruled that his initial statement to the corrections officer at the jail was inadmissible for lack of a Miranda warning, all of the subsequent statements he gave to Investigator Gallegos, Lieutenant Nydam, and Investigator Leary should also have been suppressed. The trial court, Castro argues, failed to find that the statements were voluntary.

At the outset, we note that the trial court's decision to exclude Castro's first statement due to the state's failure to properly warn Castro of his rights did not automatically obligate the trial court to suppress Castro's three subsequent statements. In Oregon v. Elstad, 470 U.S. 298, 314, 105 S.Ct. 1285, 1296, 84 L.Ed.2d 222 (1985), the Court found that

absent deliberately coercive or improper tactics in obtaining the initial statement, the mere fact that a suspect has made an unwarned admission does not warrant a presumption of compulsion. A subsequent administration of Miranda warnings to a suspect who has given a voluntary but unwarned statement ordinarily should suffice to remove the conditions that precluded admission of the earlier statement. In such circumstances, the finder of fact may reasonably conclude that the suspect made a rational and intelligent choice whether to waive or invoke his rights.

In determining the voluntariness of Castro's subsequent statements, the trial court was required to consider the surrounding circumstances. See Elstad, 470 U.S. at 318, 105 S.Ct. at 1297-98; Bauza v. State, 491 So.2d 323, 324 (Fla. 3d DCA 1986). Voluntariness in this context depends upon the absence of "coercive police activity," or "overreaching." Colorado v. Connelly, 479 U.S. 157, 107 S.Ct. 515, 93 L.Ed.2d 473 (1986).

Consistent with the principles underlying Elstad, the trial court below held a pretrial evidentiary hearing on Castro's motion to suppress. The testimony established that officers gave Castro verbal Miranda warnings and that he executed written waiver forms on two of the three occasions in question. We are satisfied that the testimony was sufficient to support the conclusion that the confessions were voluntary and not influenced by Castro's previous consumption of alcohol.

*114 We likewise find no merit to Castro's assertion that the convictions must be reversed because the jury propounded a request in the absence of counsel or the defendant to rehear certain testimony. The record reflects that counsel stipulated that the judge could discuss the luncheon arrangements with the jury in counsel's absence. During this colloquy, the foreman asked to have McKnight's testimony reread upon return from lunch. The trial court correctly deferred ruling on the request and gave both parties the opportunity to respond when court reconvened. See Fla.R.Crim.P. 3.410; Roberts v. State, 510 So.2d 885, 891 (Fla. 1987), cert. denied, ___ U.S. ___, 108 S.Ct. 1123, 99 L.Ed.2d 284 (1988). Both parties objected to replaying the testimony, whereupon the court instructed the jury to rely on its collective memory.

We also reject the contention that the trial court abused its discretion in failing to grant Castro's requests for additional peremptory challenges and for special interrogatory verdicts.

Castro next asserts that his conviction warrants reversal because the trial court erroneously admitted testimony which was irrelevant and prejudicial. First, Castro argues that the testimony of Officer Greg Stewart, who analyzed the blood spatter patterns on the walls and ceiling of Castro's apartment, should have been excluded because Officer Stewart could not connect the stains to the murder.

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Bluebook (online)
547 So. 2d 111, 1989 WL 77504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castro-v-state-fla-1989.