Robinson v. State

520 So. 2d 1, 1988 WL 6032
CourtSupreme Court of Florida
DecidedJanuary 28, 1988
Docket68971
StatusPublished
Cited by54 cases

This text of 520 So. 2d 1 (Robinson 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
Robinson v. State, 520 So. 2d 1, 1988 WL 6032 (Fla. 1988).

Opinion

520 So.2d 1 (1988)

Johnny ROBINSON, Appellant,
v.
STATE of Florida, Appellee.

No. 68971.

Supreme Court of Florida.

January 28, 1988.

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

Robert A. Butterworth, Atty. Gen. and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

BARKETT, Justice.

Johnny Robinson appeals his conviction for first-degree murder and sentence of death. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. Finding no reversible error in appellant's conviction, we affirm the conviction. However, we reverse the sentence of death because of improper and prejudicial argument and testimony during the penalty phase and remand for a new sentencing hearing before a jury.

On August 12, 1985, the body of Beverly St. George was found in Pellicer Creek Cemetery in St. Johns County, Florida. An autopsy revealed that she had died early that morning as a result of two gunshot wounds, one to the forehead and one to the left cheek. The medical examiner testified that the wound to the forehead was caused by discharge of a gun that was six inches to two feet away from the skin; the other wound was caused by a gun in contact with the cheek when fired. The sequence of the wounds could not be determined. The medical examiner testified, however, that either shot would have killed her virtually instantly.

Johnny Robinson and Clinton Bernard Fields, a juvenile, were arrested for the murder on August 17. Upon arrest, Robinson waived his rights and gave a sworn statement to the police. According to his statement, Robinson and Fields left a party around 11:30 p.m. on the evening of August 11, 1985, and headed towards Orlando to visit Robinson's girl friend. On the way, they saw a car pulled off on the side of the road and stopped to help. The woman told them that she was tired and had stopped to rest. Robinson claimed that when the woman noticed that Robinson had a gun, she wished aloud that she had something similar so she could kill her ex-husband. She agreed to go with the two men in their car to Pellicer Cemetery. Once there, Robinson and Ms. St. George engaged in consensual sex on the hood of his car. During this activity, Robinson took the gun out of his pants and placed it on the hood. Afterwards, according to Robinson's statement, a scuffle ensued during which the gun went off accidentally, hitting Ms. St. George in the face. He said when he realized what had happened, he shot her again out of fear that no one would believe a black man had accidentally shot a white woman.

Fields testified against Robinson at trial and told a different story. According to Fields' testimony, when they stopped at the car on the side of the road, Robinson ordered Ms. St. George at gunpoint into the backseat of Robinson's car where he handcuffed her. Robinson ordered Fields to go through her purse but he refused. At Pellicer Creek Cemetery, Robinson raped Ms. St. George and then ordered Fields to do likewise. Fields further testified that after the sexual activity, Robinson expressed fear that the woman could identify him and his car and said that the only way she could not make an identification was if she were dead. Robinson then walked up to the victim and put the gun to her cheek. Fields turned his head, heard a shot, and later saw the woman on the ground. Robinson then shot her a second time. They drove to a desolate area where Robinson took the money from the woman's purse and then burned the rest of her property.

At the penalty phase, the state introduced evidence that Robinson was convicted of rape in Maryland in 1979, sentenced to ten years in prison, and was out on parole at the time of this incident. The defense presented Dr. Harry Krop, a clinical psychologist, who testified to six nonstatutory mitigating circumstances: that Robinson was severely intoxicated, resulting in impaired judgment; that Robinson was severely emotionally deprived because he had never known his mother; that he *3 had been physically abused by the man (not his biological father) who had raised him; that he had been sexually abused by an uncle, resulting in a psychosexual disorder; and that he had suffered emotional trauma as a result of being incarcerated in an adult prison at the age of 13. Krop was of the opinion that Robinson, who frequently made extra money as a mechanic, originally stopped his car to help Ms. St. George. He was convinced that the subsequent sexual involvement and violence occurred as a result of poor judgment. At sentencing, additional testimony was presented from a guard at the St. Johns County Jail that Robinson was an outstanding inmate and was responsible on four occasions for quelling possible disturbances at the jail.

Appellant was found guilty of first-degree murder, kidnapping, armed robbery, and sexual battery. The jury, by a vote of 9 to 3, recommended death for the murder and the trial court, finding seven aggravating circumstances and one mitigating circumstance, sentenced Robinson to death.

Guilt Phase

Appellant argues that his conviction should be reversed because the trial court erred in: (1) conducting portions of the trial without appellant's presence, (2) denying appellant's motion for mistrial after evidence of a collateral crime was admitted in violation of a pretrial ruling, (3) refusing to give a requested instruction on the affirmative defense of voluntary intoxication, and (4) chastising defense counsel during closing argument in the presence of the jury. After reviewing the record, we find no reversible error.

Appellant was absent on two brief occasions during the trial. The first occasion was during the general qualification of the venire.[1] The trial judge presiding over Robinson's trial was qualifying the jury panel from which prospective jurors for the instant trial as well as for another trial would be chosen. Prior to qualifying the jurors, the following colloquy occurred:

Now, we're going to have you sworn, first of all, and Mr. Clerk, if you would swear the jurors touching upon their qualifications to serve as jurors in this Court.
(Thereupon, the prospective jury panel was sworn by the clerk.)
.....
THE COURT: Do you want your client in here during the general qualifications?
MR. PEARL: No, sir.

Thereafter, the trial court made the brief statutory inquiry required by sections 40.01 and 40.013(1) & (2), dispatched half of the venire to another courtroom for another trial, and called for the defendant:

THE COURT: Were you able to get the clothes for the Defendant?
MR. PEARL: I have a suit in my car.
THE COURT: Go talk to him, because he's in the hall and they want to find out whether he wants to wear the suit.
MR. PEARL: Yes, sir, he does.
THE COURT: You don't want him to wear it today?
MR. PEARL: I brought him a jacket for today.
THE COURT: I wanted to make sure.
MR. PEARL: And I plan, when we break up today, that I would carry the suit on down to the jail, or it can be sent.
THE COURT: Go on back down — go on in there with Otis and make sure he gets his coat, so we can start.
MR. PEARL: They have it there.
THE COURT: Go get the Defendant. (Thereupon, the following proceedings were had in open court.)

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

Related

Everett G. Miller v. State of Florida
Supreme Court of Florida, 2024
Alvin Davis v. State of Florida
268 So. 3d 958 (District Court of Appeal of Florida, 2019)
Diaz v. State
132 So. 3d 93 (Supreme Court of Florida, 2013)
Guerrero v. State
125 So. 3d 811 (District Court of Appeal of Florida, 2013)
Silvia v. State
60 So. 3d 959 (Supreme Court of Florida, 2011)
Serrano v. State
64 So. 3d 93 (Supreme Court of Florida, 2011)
Wimberly v. State
41 So. 3d 298 (District Court of Appeal of Florida, 2010)
Anderson v. State
18 So. 3d 501 (Supreme Court of Florida, 2009)
Smithers v. State
18 So. 3d 460 (Supreme Court of Florida, 2009)
Peterson v. State
2 So. 3d 146 (Supreme Court of Florida, 2009)
Franqui v. State
965 So. 2d 22 (Supreme Court of Florida, 2007)
State v. Davis
872 So. 2d 250 (Supreme Court of Florida, 2004)
Robinson v. State
865 So. 2d 1259 (Supreme Court of Florida, 2004)
Walton v. State
847 So. 2d 438 (Supreme Court of Florida, 2003)
Liggett Group, Inc. v. Engle
853 So. 2d 434 (District Court of Appeal of Florida, 2003)
Johnny L. Robinson v. Michael W. Moore
300 F.3d 1320 (Eleventh Circuit, 2002)
Beasley v. State
774 So. 2d 649 (Supreme Court of Florida, 2000)
Wallace v. State
768 So. 2d 1247 (District Court of Appeal of Florida, 2000)
People v. Harlan
8 P.3d 448 (Supreme Court of Colorado, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
520 So. 2d 1, 1988 WL 6032, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-state-fla-1988.