Garcia v. State

568 So. 2d 896, 1990 WL 130213
Supreme Court of Florida·Decided September 6, 1990·No. 73648·Published·Cited by 35 cases

Opinion

568 So.2d 896 (1990)

Rolando GARCIA, Appellant,
v.
STATE of Florida, Appellee.

No. 73648.

Supreme Court of Florida.

September 6, 1990.
Rehearing Denied November 9, 1990.

Geoffrey C. Fleck of Friend, Fleck & Gettis, Sp. Asst. Public Defender, South Miami, for appellant.

Robert A. Butterworth, Atty. Gen., and Ralph Barreira, Asst. Atty. Gen., Miami, for appellee.

BARKETT, Justice.

Rolando Garcia ("Garcia") appeals his convictions of four counts of first-degree murder and related charges, and his four sentences of death. We reverse the convictions, vacate the sentences of death, and remand for new trials once the charges are properly severed as instructed in this opinion.[1]

The state charged Garcia in a twenty-four-count indictment with eight counts of first-degree murder and sixteen related offenses. The counts related to four episodes of double murders that occurred in Dade County:

(1) Mario Amador and Robert Alfonso, on Jan. 22, 1986;
(2) Luis Robledo and Ulipano Ledo, on Feb. 27, 1986;
(3) Ramon Alvaro and Daisy Ricard, on Apr. 23, 1986;
(4) Sara Musa and Fara Quintero, on Apr. 22, 1986.[2]

*897 After two mistrials and a severance of the defendant with whom Garcia was indicted,[3] Garcia timely moved to sever the offenses. The trial court severed the five counts related to the Musa and Quintero murders,[4] but it kept the other nineteen counts together for trial. The jury voted to convict Garcia of all counts immediately related to the murders of Amador, Alfonso, Alvaro, and Ricard: four counts of first-degree murder, one count of robbery, and two counts of unlawful possession of a firearm while engaged in a criminal offense.[5] The jury also voted to convict Garcia of all counts related to the use of Robledo's credit card: two counts of second-degree grand theft, three counts of forgery, and three counts of uttering a forged instrument.[6] The jury voted to acquit Garcia of all counts directly related to the murders of Robledo and Ledo: two counts of first-degree murder, one count of robbery, and one count of unlawful possession of a firearm while engaged in a criminal offense.[7] In the penalty phase, the jury recommended death in three of the four murder convictions (Amador, Alvaro, and Ricard), and life imprisonment on the fourth murder count (Alfonso). The trial court overrode the jury's one life recommendation and imposed four consecutive death sentences.

Garcia claims that the trial court erred in failing to grant his motions to sever the unrelated pairs of homicides and related offenses that were improperly joined in the indictment. The state argues that we should not disturb the trial court's discretion because there is a clear relationship and causal connection between all three double murders, and the temporal difference is not significant.

Our analysis must begin with the joinder and severance provisions of the Florida Rules of Criminal Procedure. Rule 3.150(a) provides:

(a) Joinder of Offenses. Two or more offenses which are triable in the same court may be charged in the same indictment or information in a separate count for each offense, when the offenses, whether felonies or misdemeanors, or both, are based on the same act or transaction or on two or more connected acts or transactions.

(Emphasis supplied.) Rule 3.152(a) provides:

(a) Severance of Offenses.
(1) In case two or more offenses are improperly charged in a single indictment or information, the defendant shall *898 have a right to a severance of the charges upon timely motion thereof.
(2) In case two or more charges of related offenses are joined in a single indictment or information, the court nevertheless shall grant a severance of charges on motion of the State or of a defendant.
(i) before trial upon a showing that such severance is appropriate to promote a fair determination of the defendant's guilt or innocence of each offense, or
(ii) during trial, only with defendant's consent, upon a showing that such severance is necessary to achieve a fair determination of the defendant's guilt or innocence of each offense.

The applicable principles were made clear in Paul v. State, 385 So.2d 1371, 1372 (Fla. 1980), adopting in part 365 So.2d 1063, 1065-67 (Fla. 1st DCA 1979) (Smith, J., dissenting). The primary "purpose of requiring separate trials on unconnected charges is to assure that evidence adduced on one charge will not be misused to dispel doubts on the other, and so effect a mutual contamination of the jury's consideration of each distinct charge." 365 So.2d at 1066.

In Paul, we considered the consolidation for trial of charges related to the attempted sexual battery of three victims in three incidents. Each victim had been attacked at approximately 5 a.m.; each attack happened on a Saturday; each attack took place on an upper floor of a girl's college dormitory in Tallahassee; the assailant waited for each victim inside or in the immediate vicinity of the dormitory shower room; and the threats and actions toward each victim bore significant similarities. However, of crucial significance was the fact that the victims in crimes # 2 and # 3 were attacked within one hour of each other on one day in the same general location, whereas the victim in crime # 1 was attacked five weeks earlier in a different location. The Court held that crimes # 2 and # 3 were properly joined, but crime # 1 should have been severed.

The Court construed the "connected acts or transactions" requirement of rule 3.150 to mean that the acts joined for trial must be considered "in an episodic sense[.] [T]he rules do not warrant joinder or consolidation of criminal charges based on similar but separate episodes, separated in time, which are `connected' only by similar circumstances and the accused's alleged guilt in both or all instances." Paul, 365 So.2d at 1065-66. We reaffirmed the rationale of Paul in State v. Williams, 453 So.2d 824, 825 (Fla. 1984), where we held that the trial court erred by consolidating charges of offenses "allegedly committed on different days, not involving connected acts or transactions, but involving merely the same defendant and similar circumstances." Id. at 825. We reasoned that interests in practicality, efficiency, expense, convenience, and judicial economy, do not outweigh the defendant's right to a fair determination of guilt or innocence. Id.

This Court elaborated on these principles in Bundy v. State, 455 So.2d 330, 344-45 (Fla. 1984), cert. denied, 476 U.S. 1109, 106 S.Ct. 1958, 90 L.Ed.2d 366 (1986). Bundy involved a number of crimes committed early one morning in a sorority house, and other similar crimes committed within a matter of hours in a nearby building. The Court explained that the joinder of "connected acts or transactions" involves consideration of "the temporal and geographical association, the nature of the crimes, and the manner in which they were committed." Id. at 345. The Court held that no severance was required under those facts because

the crimes occurred within a few blocks of each other and within the space of a couple of hours. The crimes were similar in that they involved a person enteri

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