Harmon v. State

527 So. 2d 182, 1988 WL 50189
CourtSupreme Court of Florida
DecidedMay 19, 1988
Docket69824
StatusPublished
Cited by31 cases

This text of 527 So. 2d 182 (Harmon 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
Harmon v. State, 527 So. 2d 182, 1988 WL 50189 (Fla. 1988).

Opinion

527 So.2d 182 (1988)

James Ansel HARMON, Appellant,
v.
STATE of Florida, Appellee.

No. 69824.

Supreme Court of Florida.

May 19, 1988.
Rehearing Denied July 18, 1988.

*184 James B. Gibson, Public Defender and Christopher S. Quarles, Chief, Capital Appeals, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen. and Kevin Kitpatrick Carson, Asst. Atty. Gen., Daytona Beach, for appellee.

EHRLICH, Justice.

James Ansel Harmon appeals his conviction of first-degree murder and death sentence imposed. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.

The evidence at trial established the following scenario. The victim, Charles Germany, was found on the kitchen floor by police on October 16, 1985. The victim's son estimated that his father had between $2,500 and $5,000 in cash at the house before his death. The son was convinced that Larry Bennett and Harmon had murdered his father and informed the police at the scene that they should apprehend these two individuals. Based on these initial accusations as well as accusations from other members of the victim's family, Investigator Combs concentrated on Bennett and Harmon as suspects.

Harmon was informed by a friend that the police were looking for him and Bennett. Harmon, who was then in Texas, contacted Investigator Combs and agreed to meet him in Florida for an interview as soon as he arrived from Texas. Arriving in Florida on October 23, 1985, Harmon told Combs of his business arrangement with Marion Germany, the victim's brother, which involved purchasing, repairing, and then selling used appliances. In connection with this business, Harmon stated that he and Bennett left Texas and drove to a house owned by Marion Germany in the Ocala area. They arrived in September 1985 and stayed for a couple of weeks. Near the beginning of October, Bennett, Harmon and Marion Germany traveled to Columbia, South Carolina where other members of the Germany family resided. The victim, Charles, remained at the Florida home while the others traveled to South Carolina. Harmon then gave a recorded statement accounting for his whereabouts the weeks before and the days after the murder. Harmon informed Combs that he and Bennett had separated in Texas after Bennett declined to return to Florida with him to try to clear up the situation. Combs did not arrest Harmon at this time and Harmon drove back to South Carolina.

Three days later, on October 26, 1985, Bennett approached the police in Glendale, Arizona and gave a statement concerning his version of the events during the period of time in question. In this statement, Bennett recounted that while they were in Columbia, Harmon announced late one night that they were going to take a trip. Bennett claimed that although he did not know where they were going or what Harmon planned to do, it was not unusual for the pair to leave on a trip in the middle of the night. The pair arrived at Marion Germany's home in Florida at daybreak. Charles was home when Bennett and Harmon arrived. Bennett identified himself so Charles would not think he was a prowler and then entered the home. Harmon came in later, having remained in the car asleep for a short time. When Harmon entered, he went into the bathroom.

Bennett stated that he leaned against the table with his head down for a moment and that when he looked up, Harmon was behind Charles Germany pointing a gun at his head and then he fired the fatal shot. Harmon then took the victim's wallet. After cleaning up and attempting to remove any fingerprints, the pair drove back to Columbia. Along the way, Harmon dismantled the murder weapon and disposed of it. He *185 also cut up and disposed of the victim's wallet and identification. Harmon counted out $2,251.00, giving Bennett approximately $250.00 at that time and additional money over the next few weeks. After returning to Columbia, Bennett and Harmon switched vehicles and then left for Arizona.

Based on Bennett's statement, Harmon was arrested. Bennett pled guilty to second-degree murder in return for a seventeen year sentence cap. After Harmon's trial, the trial court placed Bennett on probation for a period of fifteen years.

At trial, Bennett testified against Harmon. Mark Shadle, an inmate who shared a cell with Harmon in November, 1985, also testified, stating that Harmon told him that he and Bennett robbed Charles Germany and that in the process Harmon shot the victim in the back. Harmon was found guilty of first-degree murder while engaged in the perpetration of a robbery. The jury recommended that the trial court impose a sentence of life imprisonment upon Harmon without possibility of parole for twenty-five years. The trial court overrode the jury's recommendation and imposed a sentence of death. The trial court found four aggravating circumstances: (1) Harmon was previously convicted of a felony involving the use or threat of violence to another person;[1] (2) the capital felony was committed for pecuniary gain;[2] (3) the capital felony was cold, calculated and premeditated;[3] and (4) the capital felony was committed for the purpose of avoiding or preventing a lawful arrest.[4] The trial court found no mitigating circumstances, statutory or nonstatutory.

Guilt Phase

Harmon raises four issues concerning the guilt phase of the trial of which only two, alleged impermissible introduction of evidence of collateral crimes and judicial comment on the credibility of a witness, merit discussion.[5]

Harmon first alleges that the state was improperly permitted to introduce evidence of numerous collateral crimes and bad acts in violation of Williams v. State, 110 So.2d 654 (Fla.), cert. denied, 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959) and section 90.404(2), Florida Statutes (1985). "The Williams rule is calculated to prevent the unfairness of convicting the accused on the basis of evidence showing him to have bad character or a propensity to commit crimes such as the one charged." Waterhouse v. State, 429 So.2d 301, 306 (Fla.), cert. denied, 464 U.S. 977, 104 S.Ct. 415, 78 L.Ed.2d 352 (1983). Harmon contends he was prejudiced by this alleged improper testimony and is entitled to a new trial. We disagree.

The first evidence objected to is a statement by Kathy Gates, during re-direct examination by the prosecutor, that Harmon previously had a drug habit, but had since "kicked it." Harmon's argument that this testimony was improper evidence of collateral crimes or bad acts has not been properly preserved for appeal. In order for an argument to be cognizable on appeal, it must be the specific contention asserted as the legal ground for the objection below and the only objection raised to this testimony was that it was beyond the scope of cross-examination. See Steinhorst v. State, 412 So.2d 332, 338 (Fla. 1982). We also reject Harmon's contention that the trial court erred in overruling defense counsel's objection that this testimony was beyond the scope of cross examination. "A party may re-examine a witness about any matter brought up on cross-examination, and a trial court has broad discretion in determining the proper scope of the examination of witnesses." Johnston v. State, 497 So.2d 863, 869 (Fla. 1986) (citations omitted). The record indicates that the re-direct examination of Kathy Gates was *186 within the scope of questions asked on cross-examination and the trial court did not abuse its discretion in so finding.

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

Related

Madison Academy, Inc. v. Hanvey
179 So. 3d 118 (Court of Civil Appeals of Alabama, 2014)
Cole v. State
36 So. 3d 597 (Supreme Court of Florida, 2010)
Smith v. State
28 So. 3d 838 (Supreme Court of Florida, 2009)
Mendoza v. State
964 So. 2d 121 (Supreme Court of Florida, 2007)
Jean-Marie v. State
947 So. 2d 484 (District Court of Appeal of Florida, 2006)
Randall v. State
760 So. 2d 892 (Supreme Court of Florida, 2000)
Eckstrom v. State
691 So. 2d 31 (District Court of Appeal of Florida, 1997)
Finney v. State
660 So. 2d 674 (Supreme Court of Florida, 1995)
Robert LARKINS v. STATE
655 So. 2d 95 (Supreme Court of Florida, 1995)
Larkins v. State
655 So. 2d 95 (Supreme Court of Florida, 1995)
Scott v. State
657 So. 2d 1129 (Supreme Court of Florida, 1995)
Coleman v. State
610 So. 2d 1283 (Supreme Court of Florida, 1992)
Williams v. State
602 So. 2d 643 (District Court of Appeal of Florida, 1992)
Jackson v. State
599 So. 2d 103 (Supreme Court of Florida, 1992)
Bedford v. State
589 So. 2d 245 (Supreme Court of Florida, 1991)
West v. State
579 So. 2d 288 (District Court of Appeal of Florida, 1991)
McClain v. State
573 So. 2d 210 (District Court of Appeal of Florida, 1991)
Downs v. State
574 So. 2d 1095 (Supreme Court of Florida, 1991)
Holton v. State
573 So. 2d 284 (Supreme Court of Florida, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
527 So. 2d 182, 1988 WL 50189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harmon-v-state-fla-1988.