Guzman v. State

934 So. 2d 11, 2006 WL 335479
CourtDistrict Court of Appeal of Florida
DecidedFebruary 15, 2006
Docket3D03-3085
StatusPublished
Cited by10 cases

This text of 934 So. 2d 11 (Guzman 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
Guzman v. State, 934 So. 2d 11, 2006 WL 335479 (Fla. Ct. App. 2006).

Opinion

934 So.2d 11 (2006)

Norwin GUZMAN, Appellant,
v.
The STATE of Florida, Appellee.

No. 3D03-3085.

District Court of Appeal of Florida, Third District.

February 15, 2006.
Rehearing Denied July 26, 2006.

Bennett H. Brummer, Public Defender, and Valerie Jonas, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Maria T. Armas, Assistant Attorney General, for appellee.

Before WELLS and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.

CORTIÑAS, Judge.

The defendant, Norwin Guzman ("Guzman"), appeals from his convictions and sentences. We affirm.

On March 1, 2003 Guzman was charged by information with attempted second degree murder of a law enforcement officer, armed robbery, armed carjacking, armed kidnapping of a law enforcement officer, escape, depriving an officer of her means of protection/communication, and use of false identification. The jury found Guzman *12 guilty of: (1) battery, as a lesser included offense of attempted second degree murder; (2) battery, as a lesser included offense of armed kidnapping; (3) robbery with a firearm; (4) carjacking with a firearm; (5) escape; (6) depriving an officer of her means of protection/communication; and (7) unlawful possession of identification.

On appeal, Guzman claims that the trial court erred in refusing to grant a challenge for cause against prospective juror Thies. During jury selection, Thies indicated that his son had been a police officer in Florida, but that his son later worked in the computer industry in Colorado and currently serves as a reserve officer. During voir dire, the following exchange took place:

THE COURT:—knowing in this case as I've already told you that the victim is a law enforcement officer, do you think you might not be able to be fair and impartial in this case?
MR. THIES: I think I can be fair.
THE COURT: Okay. We're also going to be hearing testimony from police officers, do you think you might give them more credibility than anybody else because of your relationship with your son as a police officer?
MR. THIES: I would listen to the judgment of a police officer because they are supposed to be, you know, truthful in the matter. I wouldn't say that I would always give the [sic] credibility because, you know, he's at a different angle. For instance, with a situation you'll always see things different from that standpoint. I think I can be fair.
...
THE COURT: Would you treat them differently simply because he's a police officer, he's going to come up here wearing a police uniform, would you treat him differently than anybody else because of that?
MR. THIES: The only thing I can say is that I would do the best I could.
THE COURT: Okay. Well, can you do it?
MR. THIES: I think so.
...
[PROSECUTOR]: Mr. Thies, some of the people who testify in this case may be police officers, and they may be testifying about what they do as police officers, what their work is. My question to you and to everyone, same question, because I know that you have some contact with law enforcement, other people do as well.
If a witness sits in that chair and says I make my living as a cop, I'm a police officer, would you tend to believe whatever that person says just because they are a police officer and your son was an officer and maybe they remind you a little of your son. Will you do that?
MR. THIES: I'll say that I would try to be impartial but I have a tendency to be for the law.
...
[PROSECUTOR]: Would you give more attention to the testimony of somebody who was a police officer and think that you would believe what they say more than someone else?
MR. THIES: That is difficult.
[PROSECUTOR]: It is. It's difficult being a juror ..., but it is a job that has to be done fairly—
MR. THIES: Yes.
[PROSECUTOR]:—fairly, so that's why [I] ask you over and over again—
MR. THIES: Okay.
[PROSECUTOR]:—can you do this?
*13 MR. THIES: If there is another police officer or another one on hand and his story was similar to the one that you had here on the stand, yes, I would give quite a bit of prejudice to it. [PROSECUTOR]: So you're looking for what we might call corroboration?
MR. THIES: Corroboration.
[PROSECUTOR]: That the testimony of one person would agree with another person and that that testimony agree with the evidence, that would help you decide that person was believable?
MR. THIES: Yes.
[PROSECUTOR]: Let's get down to the very bottom of the equation though.
MR. THIES: Okay.
[PROSECUTOR]: Let's assume you're just listening to what somebody is saying, are you going to believe a police officer more than someone who's not a police officer?
MR. THIES: Not necessarily. As I said I believe earlier, it depends on perhaps there was another police officer that saw things from another angle.
...
[PROSECUTOR]: Okay. Mr. Thies, do you think that this part of the trial process, jury selection, where the lawyers and the Judge are asking questions, do you think that's important?
MR. THIES: I think it's very important to be able to find the people that are impartial in this case.

(emphasis added).

Thereafter, defense counsel began questioning Thies to determine whether he was competent to serve as a juror. The following exchange took place:

[DEFENSE COUNSEL]: Sure. And when two of your sons came to you and were pointing the finger at each other saying he started it; no, he started it. Would you normally want to hear from both of them, hear their version?
MR. THIES: I would also like to hear from somebody else who saw it.
[DEFENSE COUNSEL]: Okay. But you would expect to hear from both of them telling you what happened?
MR. THIES: Yes, I would. Yes, I would.
[DEFENSE COUNSEL]: Okay. Would everyone agree that's a natural tendency to want to hear from both sides, hear from both people?
PROSPECTIVE JURORS: Yes. (Collectively.)
...
[DEFENSE COUNSEL]: How would you feel if Mr. Guzman didn't testify; would it—might it influence your decision?
MR. THIES: Not necessarily, but if he did testify and there were things that came out that he could collaborate, maybe it would shift the case in his favor.
[DEFENSE COUNSEL]: Okay. Would you go in the jury room if he didn't testify and say, if he was innocent, why didn't he get up on the stand and say so, what's he's [sic] hiding, chances are, you know, he's probably guilty?
MR. THIES: I would still have to base it upon the evidence that was presented.
...

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Cite This Page — Counsel Stack

Bluebook (online)
934 So. 2d 11, 2006 WL 335479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guzman-v-state-fladistctapp-2006.