Heggan v. State

745 So. 2d 1066, 1999 WL 1016048
CourtDistrict Court of Appeal of Florida
DecidedNovember 10, 1999
Docket99-595, 99-559
StatusPublished
Cited by11 cases

This text of 745 So. 2d 1066 (Heggan 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
Heggan v. State, 745 So. 2d 1066, 1999 WL 1016048 (Fla. Ct. App. 1999).

Opinion

745 So.2d 1066 (1999)

Willie HEGGAN, Appellant,
v.
The STATE of Florida, Appellee.

Nos. 99-595, 99-559.

District Court of Appeal of Florida, Third District.

November 10, 1999.
Rehearing Denied December 15, 1999.

Bennett H. Brummer, Public Defender, and Kenneth P. Speiller, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Jill K. Traina, Assistant Attorney General, for appellee.

Before GODERICH, FLETCHER and SORONDO, JJ.

SORONDO, J.

Willie Heggan (defendant) appeals to this court the lower court's final judgment of conviction and sentence. The State of Florida appeals the lower court's refusal to consider sentencing the defendant as a habitual offender. This court consolidated the appeals under the case filed by the defendant.

After a jury trial, the defendant was convicted of assault, aggravated assault on a law enforcement officer and resisting an officer with violence. He was acquitted of the charges of burglary of an unoccupied conveyance and petit theft.

*1067 Subsequent to voir dire examination, when a prospective juror's name came up during the selection process, the State sought to excuse him for cause. The State argued that the juror had been asked twice if he would believe a police officer less than a civilian witness and both times he stated that he would believe a police officer less. The trial judge indicated that he did not think the juror understood the question and denied the cause challenge. The State then exercised a peremptory challenge seeking to excuse the juror.

The defense objected, noting that the defendant was an African American and that the juror gave every indication of being fair, and requested that the State make a showing that the challenge was not race based.[1] The State began to respond but was cut off by the trial judge who said he thought a race neutral reason had been given. The defense objected to the challenge. Prior to the swearing of the jury, the defendant properly preserved his Melbourne objection.

Prior to trial, the State filed a "Notice of State's Intention to Seek Enhanced Penalty pursuant to § 775.084 and Request for Order for Pre-Sentence Investigation Report" that contained a certificate of service upon defense counsel on July 14, 1998. The Notice was filed on July 15, 1998.

A sentencing hearing was conducted on February 12, 1999, at which the trial judge stated he would not consider enhancing the defendant's sentence because notice of the state's intent to seek enhanced sentencing was not provided to the defendant himself until that very day. The court then sentenced the defendant to ten years in state prison. The sentence as to count I was suspended. The ten-year sentence was within the defendant's sentencing guidelines.

THE JURY SELECTION ISSUE

The defense argues that the trial judge did not follow the three step test established by the Florida Supreme Court in Melbourne v. State, 679 So.2d 759 (Fla. 1996). In Melbourne, the Court set forth the following analysis for determining the racial, ethnic, and/or gender neutrality and genuineness of a peremptory challenge:

Step 1 A party objecting to the other side's use of a peremptory challenge on racial grounds must: a) make a timely objection on that basis, b) show that the venire person is a member of a distinct racial group, and c) request that the court ask the striking party its reason for the strike.

Step 2 At this point, the burden of production shifts to the proponent of the strike to come forward with a race neutral explanation.

Step 3 If the explanation is facially raceneutral and the court believes that, given all the circumstances surrounding the strike, the explanation is not a pretext, the strike will be sustained.

See id. at 764. The state concedes defendant's compliance with step 1 of the procedure. The defendant argues that the trial judge did not comply with step 2, in that he did not require the prosecutor to articulate a valid race-neutral reason. He notes that the prosecutor did not offer any reason because the judge did not allow her the opportunity. The actual exchange follows:

THE COURT: Okay, [juror in question], defense?
[DEFENSE COUNSEL]: Defense accept [sic].
[PROSECUTOR]: We would ask for a cause, specifically [juror] was asked *1068 twice if he would believe a police officer less than a regular witness, and both times Judge he stated he would believe a police officer less.
THE COURT: I don't think he understood the question. I am going to deny the motion for cause. You want to use a peremptory?
[PROSECUTOR]: Yes.
[DEFENSE COUNSEL]: Judge, I will point out my client is African American. He indicated every indication of being fair. I would ask the State show this is not a race cause for him to be stricken.
[PROSECUTOR]: Your Honor—
THE COURT: I think she has given a neutral reason, but I understand, I think the reason have—
[DEFENSE COUNSEL]: Judge for the record, I object.

A reading of this exchange clearly indicates that the judge accepted the state's proffered reason in support of its motion to exclude the juror for cause as its reason for exercising the peremptory challenge. Compliance with the Melbourne analysis does not require the incantation of magical words. "The right to an impartial jury ... is best safeguarded not by an arcane maze of reversible error traps, but by reason and common sense." Id. at 765.

In the alternative, the defendant argues that even if the trial judge properly accepted the state's reason as articulated in its motion to exclude the juror for cause, the state's proffered explanation was not a valid race-neutral reason. In support, the defense observes that the juror in question did not, as argued by the state below, say that he would believe police officers less than other witnesses, and, if he did, he certainly did not say it twice.

The exchange between the prosecutor and the juror was certainly not a model of clarity. The transcript of the discussion reads as follows:

[PROSECUTOR]: [Sir], are you going to believe a police officer more because they are police officers?
PROSPECTIVE JUROR: No.
[PROSECUTOR]: What about less simply because they are police officer [sic]?
PROSPECTIVE JUROR: Yes, they work just like the rest.
[PROSECUTOR]: Simply because they are police officers you are going to believe them?
PROSPECTIVE JUROR: Yes.
[DEFENSE COUNSEL]: Judge, could we get [the juror] to repeat his last response?
PROSPECTIVE JUROR: They are just like a person.

The response the prosecutor was undoubtedly referring to was the following:

[PROSECUTOR]: What about less simply because they are police officer [sic]?
PROSPECTIVE JUROR: Yes, they work just like the rest.

(Emphasis added). The inartfully constructed question elicited a response which appears to be a non-sequitur. The prosecutor then shifted gears and asked the opposite question:

[PROSECUTOR]: Simply because they are police officers you are going to believe them?
PROSPECTIVE JUROR: Yes.

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Cite This Page — Counsel Stack

Bluebook (online)
745 So. 2d 1066, 1999 WL 1016048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heggan-v-state-fladistctapp-1999.