State v. Carpenter

899 So. 2d 1176, 2005 WL 845775
CourtDistrict Court of Appeal of Florida
DecidedApril 13, 2005
Docket3D04-1487
StatusPublished
Cited by17 cases

This text of 899 So. 2d 1176 (State v. Carpenter) 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
State v. Carpenter, 899 So. 2d 1176, 2005 WL 845775 (Fla. Ct. App. 2005).

Opinion

899 So.2d 1176 (2005)

The STATE of Florida, Appellant,
v.
Kenneth CARPENTER, Appellee.

No. 3D04-1487.

District Court of Appeal of Florida, Third District.

April 13, 2005.

Charles J. Crist, Jr., Attorney General and Angel L. Fleming, Assistant Attorney General, for appellant.

Ronald S. Guralnick, Miami, for appellee.

Before COPE, GREEN, and WELLS, JJ.

*1177 PER CURIAM.

The State of Florida appeals an order dismissing its information against the defendant, Kenneth Carpenter. For the following reasons, we reverse.

Facts

The arrest affidavit shows that on Thursday, April 25, 2002, at approximately 6:25 a.m., the defendant, a police officer, called "911" and reported that the undercover police vehicle assigned to him by the City of Miami Police Department had just been stolen. He claimed that he had left the car running in front of his residence while he went inside, and when he returned, it was gone. He told the 911 operator that he saw the vehicle turn the corner and head toward the Perrine area. The defendant claimed that a handgun and shotgun were also left inside the vehicle.

At his residence, the defendant relayed these same facts to Officer David Cohen of the Miami-Dade Police Department. Officer Cohen filed an offense incident report. Later that same day, the defendant's undercover police vehicle was discovered on a paved road. The car had been totally burned. The vehicle was impounded, and later examined, by a Miami-Dade Fire Department Fire Investigator who opined that the vehicle had been burned in an intentional arson.

On Monday, April 29, Detective Chris Hodges of the Miami-Dade Police Department located a witness who was working in the area where the burnt vehicle was recovered. The witness claimed that she had seen a fire at that location at about 3:00 a.m. on April 25. Three other witnesses, who also worked in the immediate area, claimed that they had seen the vehicle abandoned and burned at 6:15 in the morning on April 25.

Detective Hodges contacted the defendant at his residence on April 29. Initially, the defendant gave the detective a typed statement that he had prepared for the City of Miami Police Department. The defendant also gave the detective a sworn, hand-written statement providing that the vehicle had been in his open garage, with the engine running, when it was removed by an unknown party.

About twenty (20) minutes after the detective left the defendant's residence, the defendant called him and asked him to return. When the detective returned, the defendant told him that he had provided false information on the first statement, and therefore wanted to change his statement. He then told the detective that the vehicle had not been parked in his garage, but rather had been in the driveway of his residence. The defendant claimed that he had lied because he wanted his homeowner's insurance to cover the loss of the vehicle. The defendant then gave the detective a second, sworn, hand-written statement regarding the incident.

The following day, the defendant paged Detective Hodges. When the detective returned the call, the defendant stated that he wanted to change his statement again.

Detective Hodges arrived at the defendant's home, wearing a recording device. During the ensuing conversation, the defendant claimed that he had lied when he had told the police that the vehicle had been stolen at 6:25 a.m. The defendant then gave the detective a printed copy of a typed statement, which the defendant had supposedly prepared for his employer, which provided that he had left the keys in the vehicle at 1:30 a.m. on Thursday, April 25, and discovered the vehicle missing at about 6:15 that same morning.

On May 28, 2002, the state filed an information against the defendant charging him with insurance fraud in violation of *1178 section 817.234(1);[1] tampering with physical evidence in violation of section 918.13(1)(a)[2] and official misconduct in violation of section 839.25,[3] Florida Statutes. Thereafter, the defendant moved for a Bill of Particulars. The state filed a scant response to the Bill of Particulars stating the date and the place of the crimes charged.

The defendant then filed a sworn motion to dismiss the insurance fraud count of the Information, and thereafter an amended sworn motion, based upon his affirmative defense of recantation. In support of his motion, the defendant admitted the following facts:

[O]n April 29, 2002, at approximately 8:00 a.m., Detective Christopher Hodges arrived at the Defendant's residence to obtain a statement from the Defendant. At that time the Defendant had told the Detective that the subject vehicle was stolen from his open garage.
The Detective left the Defendant's residence at approximately 9:45 a.m., and approximately twenty (20) minutes later, the Detective received a telephone call from the Defendant, requesting that the Detective return to his residence.
At approximately 9:45 a.m., upon the Detective's return to the Defendant's residence, the Defendant advised the Detective that he had provided false information during that earlier statement and that he wanted to change his statement. The Defendant advised that he had lied, explaining that the vehicle was not in the garage at the time it was stolen, but rather was in the driveway of the residence. The Detective inquired *1179 as to why he was changing his statement, and the Defendant replied that he did not want to lie. The Defendant further advised the Detective that he knew he was going to be held financially responsible by his employer for the loss, and he wanted the case to be written up as a burglary so that he could file an insurance claim with his homeowner's insurance company.

Prior to the court's ruling on the motion, the state amended its information with the same charges, but clarified the insurance fraud count to read:

KENNETH CARPENTER on or between April 25, 2002, UNTIL APRIL 30, 2002 in the County and State aforesaid, did unlawfully, willfully and feloniously and with the intent to injure, defraud or deceive an insurance company, to wit: STATE FARM INSURANCE, prepare or make a written or oral statement that was intended to be presented to an insurance company in connection with, or in support of a claim for payment or other benefit pursuant to an insurance policy knowing that such statement contained false, incomplete or misleading information concerning any fact or thing material to such claim, to wit: THAT HIS POLICE ISSUED VEHICLE WAS ALLEGEDLY STOLEN and/or THE LOCATION OF THE POLICE VEHICLE WHEN IT WAS ALLEGEDLY STOLEN and/or THE TIME THAT THE POLICE VEHICLE WAS ALLEGEDLY STOLEN, in violation of s. 817.234(1) Florida Statutes, contrary to the form of the Statute in such cases made and provided, and against the peace and dignity of the State of Florida.

The charges in Counts 2 and 3 remained the same as in the initial information. The defendant, thereafter, filed a sworn motion to dismiss Count 1 of the Amended Information raising the same grounds as in its previous motion. The trial court granted the motion and dismissed the insurance fraud charge.

The State then filed a second Amended Information, charging the defendant with: Count 1 — False Report of Commission of a Crime in violation of section 817.49;[4] Count 2 and Count 3 — Fabricating Physical Evidence in violation of section 918.13(1)(b);[5] and Count 4 — Official Misconduct in violation of Florida Statute 839.25.

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Cite This Page — Counsel Stack

Bluebook (online)
899 So. 2d 1176, 2005 WL 845775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carpenter-fladistctapp-2005.