Light v. State

796 So. 2d 610, 2001 WL 1104538
CourtDistrict Court of Appeal of Florida
DecidedSeptember 21, 2001
Docket2D98-1061, 2D00-2554
StatusPublished
Cited by9 cases

This text of 796 So. 2d 610 (Light 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
Light v. State, 796 So. 2d 610, 2001 WL 1104538 (Fla. Ct. App. 2001).

Opinion

796 So.2d 610 (2001)

James Lawrence LIGHT, Appellant,
v.
STATE of Florida, Appellee.

Nos. 2D98-1061, 2D00-2554.

District Court of Appeal of Florida, Second District.

September 21, 2001.

*611 James Marion Moorman, Public Defender, and Terri L. Backhus, Special Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.

ALTENBERND, Acting Chief Judge.

James Lawrence Light appeals an order denying his motion for postconviction relief *612 based upon ineffective assistance of counsel, and an order denying his motion to correct illegal sentence. We reverse the order denying Mr. Light postconviction relief based upon ineffective assistance of counsel. Under all the circumstances, Mr. Light's trial counsel was ineffective for failing to investigate his case and present relevant evidence. Because there is a reasonable probability that, but for counsel's errors, the result of Mr. Light's trial would have been different, we must order a new trial on the charges of aggravated assault on a law enforcement officer[1] and resisting an officer with violence.[2] Mr. Light is not entitled to a new trial on the charge of public discharge of a firearm.[3] Because we grant Mr. Light a new trial, we need not address the propriety of his sentence.

I. THE ORIGINAL TRIAL

Mr. Light was charged with public discharge of a firearm, aggravated assault on a law enforcement officer, and resisting an officer with violence for events occurring outside a bar on August 29, 1993. The State maintained that Mr. Light had fired a revolver into the air outside the bar and committed aggravated assault on an officer when Mr. Light pointed the revolver at an officer who tried to arrest him. The charge for resisting an officer with violence was also based upon the pointing of the revolver at the officer. Mr. Light was tried along with a codefendant, Urilicus Hammond, who allegedly fired a gun at the arresting officer after the officer arrested Mr. Light. Mr. Light testified at his trial and presented no other evidence in his defense. He was convicted as charged. Mr. Hammond did not testify but presented a witness who testified that she was with Mr. Hammond in a large crowd at the time of the events. She stated that Mr. Hammond did not shoot at the officer. Mr. Hammond was acquitted. Mr. Light was sentenced to twenty-five years' imprisonment as a habitual felony offender. He appealed to this court. We affirmed his conviction but remanded for resentencing. Light v. State, 667 So.2d 437 (Fla. 2d DCA 1996). While resentencing was pending on remand, Mr. Light filed his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, alleging in pertinent part that his counsel was ineffective for failing to investigate his case.

II. THE FACTS KNOWN BEFORE TRIAL

Before trial, the attorney representing Mr. Light[4] had discussed the case with his client. He had read the police reports and had deposed at least one of the officers. As a result, he knew that the trial testimony about the episode would reflect the following information.

At approximately 2 a.m., on August 29, 1993, Mr. Light rode his bicycle east on Laura Street in front of a bar in Plant City, Florida. The bar was closing and a crowd, estimated to be between 20 and 200 people, was gathered outside the bar. Two uniformed police officers, Officer Penix and Officer Lowery, were parked outside the bar in a marked patrol car. The officers and the crowd watched as Mr. Light fired a revolver into the air as he *613 rode by. He fired several shots into the air. Mr. Light admitted that he tried to fire all six rounds in his revolver, but did not know how many shots he fired. The officers recognized that they had probable cause to arrest Mr. Light for the misdemeanor of public discharge of a firearm. See §§ 790.15, 901.15(1), Fla. Stat. (1993). They began to pursue Mr. Light in their patrol car to arrest him for this crime.

The officers drove near or along side of Mr. Light's bicycle. Because of Mr. Light's position, they could not see the firearm or the hand with which they believed he was holding the gun. Officer Penix, who was the passenger in the patrol car, drew his own firearm and ordered Mr. Light to stop and drop his weapon. Mr. Light admitted that he refused to comply with both of these orders. As a result, the officers had probable cause to arrest Mr. Light for the misdemeanor of resisting an officer without violence. See §§ 843.02, 901.15(1), Fla. Stat. (1993); Mosley v. State, 739 So.2d 672 (Fla. 4th DCA 1999).

Mr. Light continued bicycling down Laura Street. He apparently traveled east about two short city blocks from the bar down this straight, well-lighted street. Some members of the crowd ran down the street, following the police car. At an intersection, the officers' car collided with Mr. Light's bicycle. The bicycle and rider were knocked to the ground on the south side of the street. The bar and the crowd were also located on this side of the street.

Once Mr. Light was knocked to the ground, Officer Lowery, who was driving the patrol car, could not see Mr. Light because the front fender of the car blocked his view. Officer Penix testified that he immediately attempted to get out of the car with his firearm still in his hand. According to Officer Penix, before he could get out of the car, Mr. Light got up off the pavement, turned toward Officer Penix, and aimed the gun at Officer Penix. Officer Penix fired his weapon, but missed Mr. Light, even though Officer Penix was fully trained in the use of his weapon and the two men were separated by only a few feet. Immediately thereafter, Officer Penix claimed that the patrol car lurched because Officer Lowery slammed on the brakes. Officer Penix was thrown back into his seat. Mr. Light fled on foot. Officer Lowery was unable to see the events surrounding the discharge of his partner's firearm. Thus, the testimony that Mr. Light pointed a gun at Officer Penix was provided exclusively by Officer Penix.

Officer Penix chased Mr. Light as he ran north across Laura Street and then northwest across a vacant lot. Thus, Mr. Light was running in a diagonal line back toward the crowd. After Mr. Light had crossed the street, Officer Lowery, who had heard the gunshot but did not know who had fired it, pulled his weapon and fired upon Mr. Light. Fortunately, he too missed Mr. Light. Mr. Light ran for about another 200 feet before Officer Penix was able to apprehend him without further struggle. As Officer Penix was beginning to walk Mr. Light back to the patrol car, another man allegedly stepped out of the crowd and fired several shots at Officer Penix. Officer Penix claimed that he recognized this man as Urilicus Hammond. Apparently Officer Penix knew Mr. Hammond, and Mr. Hammond, whose nickname was "Albino Red," had distinctive features. Mr. Hammond fled the scene and was not arrested until later. No gun was ever located in connection with this shooting.

After Officer Penix returned to the patrol car with Mr. Light, the officers conducted a search for Mr. Light's revolver. Each officer claimed that the other officer found the gun. It is undisputed that the *614 gun was found on the street near the bicycle. There were six cartridges in the revolver; four were spent and two had misfired.

III. THE DEFENSE THEORY, THE PRETRIAL PREPARATION, AND THE POSTTRIAL INVESTIGATION

Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
796 So. 2d 610, 2001 WL 1104538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/light-v-state-fladistctapp-2001.