Lawson v. State

884 So. 2d 540, 2004 WL 2451586
CourtDistrict Court of Appeal of Florida
DecidedNovember 3, 2004
Docket4D02-904
StatusPublished
Cited by4 cases

This text of 884 So. 2d 540 (Lawson 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
Lawson v. State, 884 So. 2d 540, 2004 WL 2451586 (Fla. Ct. App. 2004).

Opinion

884 So.2d 540 (2004)

Ross LAWSON, Appellant,
v.
STATE of Florida, Appellee.

No. 4D02-904.

District Court of Appeal of Florida, Fourth District.

November 3, 2004.

*541 Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.

WARNER, J.

We deny rehearing but withdraw our prior opinion and substitute the following to correct a factual error.

Ross Lawson appeals his conviction of multiple charges including burglary of a dwelling, strong arm robbery, carjacking, and felony causing bodily injury. He claims that the trial court erred in denying his attorney's motion for continuance because of inadequate time for trial preparation. Because of his own efforts in discharging one attorney and causing another to withdraw, appellant delayed commencement of this trial for over three years. Under the circumstances presented, we conclude that the trial court did not abuse its discretion in denying the motion for continuance and affirm.

Lawson was charged with multiple criminal acts in case number 97-16344, the Whitaker case. This case was one of nineteen with which Lawson was charged after *542 an apparent crime spree. Although charged in 1997, Lawson was not tried on any of the cases until June of 2001. This delay was the result of Lawson's discharge or attempts to discharge the attorneys who had been assigned to represent him, and the time it took for each subsequent attorney to represent him.[1] None of the counsel assigned to represent Lawson were found ineffective by the trial court. After the last attorney was discharged, the court refused to appoint another attorney, so Lawson chose to represent himself. A couple of months later, the last discharged attorney was appointed as stand-by counsel. Four months later, on December 8, 2000, Lawson again complained about his stand-by counsel, and the court appointed Mr. Lambidis as "one last stand-by counsel."

At a hearing on April 27, 2001, Lawson agreed to the appointment of Lambidis as trial counsel, instead of merely stand-by counsel. Trial had already been set for the beginning of June. Three of Lawson's cases were to be tried, the order of which had been discussed over a year previously. At docket call on June 4, 2001, the court announced the agreed order in which the three cases would be tried, estimating that each case would take no more than a day and a half. Thus, the court intended to try all three cases that week, starting with the Garvin case and then trying the Whitaker case, the case from which this appeal has been taken. Lambidis requested a continuance, asking that the three cases be tried together. The court denied the request, stating,

[t]he Court announced several weeks ago the order in which these cases would be tried. And so for the record there were three separate incidents occurring on the same day.... The Court having come this far in the last several weeks to try them separately, the Court's decision is to proceed separately, protecting to the best of the Court's ability the defendant's rights to have excluded prejudicial matters that involve the other cases, rather than trying all three of them together.

After the conclusion of closing arguments in the Garvin case. Lawson himself requested that he be given time to obtain other experts and subpoena documents. The court explained that the second trial would start that day. It stated, "If I find down the road in my judgment, being fair, that it was abuse of my discretion to require a trial today, I will order a new trial." The state attorney then suggested that they wait to begin the next trial until the Garvin jury returned a verdict, and suggested that the court might even come back in two weeks to try the case. To that suggestion, the court stated, "I'm not coming back here" due to other trial commitments. The state attorney then suggested that they just wait to see what would happen with the Garvin verdict. The court agreed.

However, after returning from recess, the court advised the parties that they would have to proceed with the Whitaker trial that day, even though the Garvin jury apparently had not yet returned a verdict. The judge explained that he was not familiar with the policies of the division in "getting *543 justice administered properly," and those policies apparently would require the next case to start immediately. Although the parties questioned the judge as to whether his decision was influenced by anyone else, he insisted that this was his decision. The judge ordered that the trial on the second case would commence immediately, and reiterated his position that if he later felt that the trial should not have gone forward, he would deal with the issue at that time.

The state told the judge that during the recess, Lawson agreed to permit Lambidis to be his lawyer on other cases. Lambidis then requested a continuance in order to consolidate the remaining two cases. Lambidis argued that the cases were inextricably intertwined. He also requested a continuance to obtain an expert to assist with the defense of voluntary intoxication. The trial court again denied the request for continuance. The court ordered the parties to be prepared to start the case at 1:30 that afternoon.

When the parties returned at 1:30, Lambidis motioned for a continuance on the ground that "there is DNA on Ms. Whitaker's case, and there hasn't been anything done on the case in terms of the DNA." Lambidis apologized to the court for failing to do any work on the DNA evidence, explaining that he probably "should have done the DNA ... and for whatever reason, there hasn't been anything done on the DNA, and that's why I'm moving for this continuance." The trial court denied the motion.

The case proceeded to trial. The victim testified that a man forced his way into her home after asking to use her phone. He threw the victim onto the dining room table. She hit his head with a glass and cut him on the arm. The man slammed her onto the floor and began kicking her, breaking three of her ribs. He then demanded the victim give him her money, jewelry, and car keys. He told her that he had a gun and motioned his hand toward his waist. The victim never saw the gun. He eventually left in the victim's white BMW convertible. The victim later identified Lawson as the perpetrator in both a photo line-up and a live line-up. An officer testified to her pursuit of the stolen vehicle without apprehending its occupants.

Lawson was apprehended the following day. He was irate when placed into the police vehicle and attempted to exit the vehicle. The officer took him to the hospital to receive treatment for the injuries he received while trying to escape police custody.

At the hospital, the lead detective questioned Lawson after reading him his Miranda rights. In his subsequent statement, Lawson admitted that he took a white convertible, and he made a reference to "[t]hat bitch who cut my face." He denied that he was ever carrying a gun.

The detective again questioned Lawson, after he signed a waiver of rights form, at the police station where the interview was recorded. In the interview Lawson said, "[w]hatever anybody says that I did, anything, an ID me on, I did it. I did anything and everything that anybody I.D.'s me on. It's plain and simple. I did it. I was on crack.

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Related

Hyre v. State
240 So. 3d 47 (District Court of Appeal of Florida, 2018)
Madison v. State
132 So. 3d 237 (District Court of Appeal of Florida, 2013)
Ramos v. State
75 So. 3d 1277 (District Court of Appeal of Florida, 2011)
Tucker v. State
15 So. 3d 932 (District Court of Appeal of Florida, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
884 So. 2d 540, 2004 WL 2451586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawson-v-state-fladistctapp-2004.