Roman v. State

715 So. 2d 1108, 1998 Fla. App. LEXIS 10389, 1998 WL 472633
CourtDistrict Court of Appeal of Florida
DecidedAugust 14, 1998
DocketNo. 97-1507
StatusPublished

This text of 715 So. 2d 1108 (Roman 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
Roman v. State, 715 So. 2d 1108, 1998 Fla. App. LEXIS 10389, 1998 WL 472633 (Fla. Ct. App. 1998).

Opinions

GRIFFIN, Chief Judge.

Carmen Sanchez appeals an order adjudicating her guilty of direct criminal contempt. Because the record shows that she did not commit the act that is the basis for the order of contempt, we reverse.

Sanchez was prosecuted and convicted under the alias Carman Roman in case no. CR96-10495. “Roman” pled guilty to one count of possession of cocaine with intent to sell or deliver and was sentenced to serve 48 days in the county jail, to be followed by two years probation. As a condition of probation, “Roman” was to be released directly to the Sanford Bridge drug program and was to complete their program.

On November 14, “Roman” was charged with violating her probation by absconding from the Sanford Bridge program after only one day and by changing her residence without the consent of her probation officer. She was rearrested on December 26, 1996 for possession of cocaine, but was taken into custody under the name of Carmen Ortiz. “Ortiz” was charged in case number 96-15745 with possession of cocaine, possession of cannabis and two additional charges.

The judge handling the violation of probation was aware that “Roman” and “Ortiz” were the same person by January 23, 1997, when it set “Roman’s” violation of probation case for hearing. Thereafter, “Roman” moved to have her violation of probation case [1109]*1109transferred to the same division in which “Ortiz’s” possession offense was pending, noting that the two cases involved the same defendant and that the two cases involved related felonies with related defenses. The violation ease was thereafter reassigned to Judge Conrad.

The defendant attended a plea hearing in the consolidated cases on March 26, 1997. At the outset of the hearing, the public defender announced that the defendant’s true name was “Carman Ortiz” and that the name “Roman” was an alias. Defense counsel attempted to have “Ortiz” plead guilty to both charges. However, upon presentation of the plea, the court stated:

Let me explain to you why I’m sitting here looking like I’m doing nothing. I’m extremely concerned at this point how Miss Ortiz completed a division ten case in front of Judge Cohen under the name of Car-man Roman.
I’m looking through here to see whether she signed anything under oath or anything like that. And I’m sure you can understand what my concern is that how she went through an entire case with a name that’s not her true name, right?

The court called “Ortiz” to the stand and had her sworn, whereupon the following exchange

took place in which “Ortiz” admitted that her true name was Carmen Sanchez:

THE COURT: What’s your true name?
THE DEFENDANT: Carman Sanchez.
THE COURT: It’s not Ortiz and it’s not Roman? Well, as far as I’m concerned, this needs to be investigated by the state attorney. I mean, this is ridiculous.
This person has either lied, actually or implicitly in one ease, has embarrassed her attorney just today with a name and now has another name. I’m accepting nothing from this person. Go back to jail as far as I’m concerned until we work through this.
STATE ATTORNEY: Your Honor, could we get the spelling of what she says is her real name today?
THE COURT: Yeah. Well, I’m not sure we can believe her, but let me advise you that if you lie to me, you’re going to get six months in a New York minute. So I’m going to ask you under oath, what is your true name?
THE DEFENDANT: Carman Sanchez.
THE COURT: Spell your last name.
THE DEFENDANT: S-A-N-C-H-E-Z.

The court continued to ask Sanchez a few questions, but broke questioning off when Sanchez told him her date of birth was August 19, 1955. The session concluded with the following exchange:

THE COURT: That’s it. I’m accepting nothing.
THE DEFENDANT: That’s my date of birth.
THE COURT: Yeah, well, you just go back and relax. I really want the state to take a look at this seriously. I mean, this is—
THE STATE: Yes, sir.
THE COURT: This is just an abomination as far as I’m concerned. So I don’t care what you do. Back to jail or whatever. I don’t tolerate this. Mr. Garmany [defense counsel], I don’t apologize to you. To me, it would be, it’s an embarrassment for you.
DEFENSE COUNSEL: Miss Sanchez has mentioned it’s her name. I thought it was her married name. Ortiz is that name that she has—
THE COURT: I highly recommend that she come up with a real good explanation about how she got through a division ten case entering a plea under oath and signing a plea form under oath using a false name. So she better come up with something really good that is going to absolutely just dazzle me. And these plea forms are signed Carman Ortiz, incidentally, for today.

Another hearing was convened on May 15, 1997. At this hearing, defense counsel represented to the court that the defendant’s true name was “Carmen Ethel Sanchez.” After entering a plea, the public defender stated that the state attorney had run Sanchez’s fingerprints and found that they matched the names that Sanchez had provided. The court then swore Sanchez, amended the information in case no. 96-15745 to re-[1110]*1110fleet her true name, and accepted a no contest plea to charges of possession of cocaine and possession of cannabis. Sanchez was sentenced to time served on the cannabis charge. However, she received twenty-two months in the department of corrections on the cocaine charge, as well as twenty-two months on the original offense for violating her probation, to run concurrently.

During the hearing, the court addressed at some length Sanchez’s prior use of aliases, during the following exchange with Sanchez in which Sanchez erroneously admits that she had told the court under oath at the prior hearing that her name was Ortiz:

THE COURT: Okay. Carmen Roman, rather. You had — back on October 15 of 1996, you had signed a plea form using the name of Carmen Roman, proceeded through a plea and sentencing with Judge Alice Blackwell White using that name, correct?
MR. GARMANY: I believe it was Judge Cohen.
THE COURT: Whatever. The short version is that obviously you lied to either Judge in this case — it would be Judge Cohen — about your name?
THE DEFENDANT: Yes, sir.
THE COURT: Am I missing something here?
THE DEFENDANT: No, sir.
THE COURT: Okay. But it gets better. When you finally reached me, you told me that your name was Carmen Ortiz and you told me that under oath on March 26 of 1997; did you not?
THE DEFENDANT: I believe so.
THE COURT: Well, let’s assume for a moment that you are not totally clear on the date. Do you recall me placing you under oath and do you recall me asking you on this violation of probation what your true name was?

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Related

Roberts v. State
515 So. 2d 434 (District Court of Appeal of Florida, 1987)
Jones v. State
659 So. 2d 1281 (District Court of Appeal of Florida, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
715 So. 2d 1108, 1998 Fla. App. LEXIS 10389, 1998 WL 472633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roman-v-state-fladistctapp-1998.