Hodge v. State

970 So. 2d 923, 2008 WL 34809
CourtDistrict Court of Appeal of Florida
DecidedJanuary 2, 2008
Docket4D06-2428
StatusPublished
Cited by5 cases

This text of 970 So. 2d 923 (Hodge 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
Hodge v. State, 970 So. 2d 923, 2008 WL 34809 (Fla. Ct. App. 2008).

Opinion

970 So.2d 923 (2008)

Michael HODGE, Appellant,
v.
STATE of Florida, Appellee.

No. 4D06-2428.

District Court of Appeal of Florida, Fourth District.

January 2, 2008.

*924 Carey Haughwout, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.

WARNER, J.

In appealing his conviction for first-degree murder, appellant makes two primary contentions. First, the trial court erred in denying his motion for judgment of acquittal on his guilt as a principal, because the state proved only that he was the actual shooter of the victim. Because the evidence also supported the appellant's participation in the robbery, and the defense itself sought to suggest to the jury that his confession on which the state relied was false, the trial court correctly denied the motion. Second, he claims that the trial court erred by refusing to read to the jury section 985.207(2), Florida Statutes (2005), requiring parental notification when a juvenile has been taken into custody. Although lack of notification of a parent is relevant to the voluntariness of a juvenile's confession, the requested instruction on statutory compliance did not address that issue. The trial court did not err in denying the request. We affirm.

The appellant, Michael Hodge (age 13), and four friends — Michael Johnson (17), Terrence Bell (15), Eric Wilson (14), and Mendez Wilson (13) — were indicted for first-degree felony murder of Adam Beltran, attempted robbery with a deadly weapon, and conspiracy to commit robbery with a deadly weapon. Beltran was shot behind the convenience store where he worked.

Rick Morales was in the restaurant and heard the victim yell. He turned around to see Beltran lying at the door with blood on his shirt and a knife in his hand. Morales ran out but did not see anyone outside.

A witness across the street from the restaurant heard four gun shots and then saw three boys run up the street and two run east behind his shop. He was not asked to, and did not, identify Hodge as one of the people he saw fleeing. Officers arrived shortly thereafter, discovering Beltran dead. Evidence from the scene included a bullet from a .32 caliber gun in a canister of cooking grease. A similar bullet was retrieved from Beltran's chest by the medical examiner.

According to the lead detective, Detective Campbell, word of the shooting spread "like wildfire," and people began coming forward with information. As the investigation progressed, the detectives focused on an apartment complex about two blocks from the store. Both Johnson and Hodge lived in those apartments. Johnson, the oldest of those indicted, had felony warrants outstanding at the time of the shooting.

Detective Streeter testified that he received a call from one of his sergeants *925 telling him that the suspects planned to turn themselves in and would be brought to the station by their parents. Streeter said that a car pulled up to the station with two women in the front and two young black men in the back. Johnson sat behind the driver and Hodge sat behind the passenger. In attempting to ascertain the identity of the two women, Streeter spoke to the passenger in the front seat who identified herself as Hodge's mother. Both women hugged and kissed both children and then left. Streeter admitted that he did not otherwise know the identity of Hodge's mother, and none of the detectives made any further attempt to contact Hodge's parents, believing that the parents had brought their sons in to the police station. Streeter could not identify Hodge's mother at trial but said he had only a couple of minutes to view her at the police station. Hodge's mother did not testify at trial.

Streeter brought both young men to the detective bureau where they were questioned. Johnson was uncooperative in the interview. After receiving his Miranda rights, Hodge confessed to the murder, and officers videotaped his statement, which was played to the jury.

Hodge explained that he, Bell, Wilson, Johnson, and Wilson spent the morning at Evolino apartments. At some point the boys decided to go "amigo hunting," i.e., to rob a Hispanic individual. Before the incident, all five of them decided to split the proceeds. As the group walked down the street, Eric Wilson spotted Beltran cutting boxes with a knife behind the convenience store and suggested they rob him because he had only one arm. Johnson and Bell waited across the street at a bench while Mendez Wilson, Eric Wilson, and Hodge approached the victim.

Hodge brought along a .32 caliber revolver, because the plan was to either fire shots in the air, or show Beltran the gun, to force the victim to turn over his money. At first, Hodge suggested he shot the victim in self-defense by saying "he say he's going to kill me . . . and he pulled out the knife . . . then I shot him, two times." Because the police stressed that Beltran could not have pulled the knife since he was already cutting boxes with it, Hodge revised his statement saying Beltran "came close with the knife . . . with a mean face." Hodge also told the detectives that Beltran commented, "[Y]ou dumb [expletive], you should be in school . . . [t]o get a job." Hodge became angry and fired two shots at Beltran in response to this comment.

Hodge told the officers he shot the victim twice in the torso or chest. He also estimated that he stood a few feet from Beltran when the shots were fired. Hodge remembered looking at the weapon and seeing four bullets and two empty shells. In other words, he shot the gun only twice.

Explaining the events right after the shooting, Hodge stated that Wilson, Bell, and Wilson ran in one direction while he and Johnson ran in another. Hodge said he looked back over his shoulder to see Beltran fall down. Hodge told the police that as he fled the scene he ran past a young man called "Miami" and gave him the gun. At times during the interview Hodge changed his explanation and seemed quite vague about some details. Through viewing the videotape, the jury was able to observe Hodge's demeanor during the interrogation.

The police asked Hodge several questions about Johnson's role in the incident, as well as that of the other boys involved. Hodge denied that Johnson had pressured him to take responsibility for shooting the victim and minimized Johnson's role. Hodge said that Johnson knew they were going to ask the victim for money but did *926 not know that Hodge planned to use the gun to accomplish this. Furthermore, he stated that Johnson was across the street on a park bench while the attempted robbery and shooting took place.

The state rested, and Hodge's attorney moved for a judgment of acquittal as to the alternative theory that Hodge may have acted as a principal, because the state's only evidence — Hodge's confession — showed that Hodge was the actual shooter. Since no one else shot the victim, Hodge could be only the shooter. The attorney asserted that the state should be required to choose a theory — principal or shooter — and should not be allowed to submit both theories to the jury.

The court denied the motion explaining that the state was allowed to assert alternative theories "because the jury can believe or disbelieve part or all of appellant's statement." Where there were multiple participants to the robbery, the court thought that the jury should be free to determine the issue of who pulled the trigger.

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Bluebook (online)
970 So. 2d 923, 2008 WL 34809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodge-v-state-fladistctapp-2008.