State v. Jouzdani

98 So. 3d 1264, 2012 WL 5076096
CourtDistrict Court of Appeal of Florida
DecidedOctober 19, 2012
DocketNos. 1D10-6695, 1D11-0029
StatusPublished

This text of 98 So. 3d 1264 (State v. Jouzdani) 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. Jouzdani, 98 So. 3d 1264, 2012 WL 5076096 (Fla. Ct. App. 2012).

Opinion

PADOVANO, J.

The defendant, Arman Jouzdani, appeals his convictions for kidnapping, extortion and grand theft. He presents five arguments in the appeal, but we need only address one of them as we find it to be dispositive. We conclude that the trial [1266]*1266court erred in allowing the prosecutor to impeach a defense witness with evidence of prior criminal offenses. The prosecutor failed to prove that the witness had been adjudicated guilty of the offenses, and therefore failed to establish that he had any prior convictions that could be used for impeachment under the Florida Evidence Code. Because we are unable to conclude beyond a reasonable doubt that this error was harmless, we must reverse and remand for a new trial.

The charges against the defendant arose from a failed attempt to purchase two pounds of marijuana. Cameron Suarez and Tim Sommers were acquainted with the supplier and were supposed to make the purchase from him on October 2, 2008, with funds provided in part by the defendant. The defendant gave the men $1,800.00 for his share of the marijuana.

Suarez remained at the defendant’s place of business, an auto sales and repair shop in Gainesville, while Sommers went out to consummate the transaction with the seller. At approximately 8:30 p.m., Sommers called Suarez to tell him that the seller had robbed him of the money and that he did not obtain the marijuana. The news of this development was then related to the defendant.

Suarez testified that the defendant became angry when he learned that he had lost his money. According to Suarez, the defendant called his girlfriend and told her to come down to the shop with his gun. The defendant also called his friend, Aaron Rollins. He reportedly told Suarez that Rollins was a “killer” and that he was bringing him in as the “muscle to fix the situation.” Suarez testified that he did not feel as though he was free to leave the shop.

Rollins arrived about thirty minutes later. At about the same time, the defendant’s girlfriend came to the shop and handed the defendant his gun. Suarez testified that Rollins and the defendant then passed the gun back and forth between them. He said that they were pointing the gun at his head and face and that they were threatening to kill him or shoot him in the kneecap if he did not come up with the defendant’s $1,800.00.

During the next few hours Suarez made several phone calls in an effort to get the money. He came up with a plan to offer the defendant his Volvo S60 in exchange for his freedom. Suarez was a student in Gainesville, but the Volvo was located in Jacksonville. He called a friend in Jacksonville, Jeremy Bisiaux, and asked him to drive the Volvo to Gainesville so that he could give it to the defendant.

Bisiaux testified that when Suarez called that night he sounded scared and that he appeared to be upset. Suarez told Bisiaux that he was being held hostage and that a gun was involved. When Bisiaux set out for Gainesville he did not know his precise destination but he eventually learned where he was to take the Volvo and he passed the information about the kidnapping along to police officers.

Bisiaux arrived with the Volvo, but the title to the vehicle was not in the file of papers Suarez had asked him to bring. The defendant reportedly made Suarez get into the Volvo and told him they were going to his apartment in Gainesville to look for the title. Suarez was in the passenger seat and the defendant was in the driver’s seat. Rollins took the gun and got into another car. He was planning to follow Suarez and the defendant to the apartment.

Police officers arrived at the shop as the men were preparing to depart. The officers ordered the men out of the Volvo and arrested the defendant. They did not find the gun until after they questioned Rollins. [1267]*1267It was located in the wheel well of another car parked in the back of the shop.

The defendant testified at trial in his own defense. He admitted that he was involved that evening in an attempt to purchase drugs. When the defendant learned that Sommers had been robbed, he wanted to have his gun for his own protection. He called his girlfriend and asked her to bring the gun to the shop but he said that he never actually held the gun. He testified that Rollins took possession of the gun soon after the defendant’s girlfriend arrived.

Suarez was attempting to get the money the defendant had lost in the transaction but, according to the defendant, he was not confined against his will. Between 8:00 and 10:15 p.m., the defendant was in and out, eating pizza with his daughter, and closing up the shop, while Suarez made calls on his phone. The defendant told Suarez he did not believe that Sommers had been robbed, but he said that he did not threaten Suarez. The defendant added that if anyone had pointed a gun at Suarez in the main area of the shop, the incident would have been visible to everyone else who was there.

Larry Pringley, a mechanic employed at the shop, also testified for the defense. He told the jury that he was working on a car that night and he saw Suarez in the defendant’s company. Pringley testified that Suarez was mostly walking around, talking on his phone. At one point, Pring-ley observed Suarez talking on his phone outside the shop while the defendant was inside. Pringley did not see anyone carrying a gun, nor did he hear or see the defendant threaten Suarez.

The prosecutor informed the court out of the presence of the jury that Pringley had six prior convictions in Pennsylvania for receiving stolen property. He explained that these were misdemeanor offenses under the applicable state law but that they could be used for impeachment because they were crimes of dishonesty. Because the prosecutor did not have certified copies of any of the judgments, he asked for permission to proffer Pringley’s testimony.

When asked about the prior offenses during the proffer, Pringley testified that he had been convicted on six counts of receiving stolen property in Pennsylvania and that these offenses were committed about twenty years earlier. He said that he could not remember whether he had been adjudicated guilty of the offenses but he did remember that he served time in jail.

Defense counsel objected to the use of these prior offenses as impeachment on the ground that the state failed to prove that the defendant had been adjudicated guilty. The thrust of the objection was that the judge in Pennsylvania may have withheld adjudication of guilt and, in that event, the resulting order would not qualify as a conviction for the purpose of impeachment. The trial court overruled the objection stating, “I think that he’s indicated that he has six charges, that he received jail time. That would, to me, indicate that he’s been convicted of those charges. The witness himself has admitted to the six charges of receiving stolen property, and I think that’s sufficient.” With the benefit of this ruling, the prosecutor was allowed to impeach Pringley on cross examination by showing that he had committed six criminal offenses.

The jury found the defendant guilty as charged and the court sentenced him to a term of twenty years in prison for kidnapping with a ten-year minimum, a concurrent term of fifteen years for extortion, and a concurrent term of five years for grand theft. The defendant then appealed [1268]*1268to this court to seek review of his convictions.

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

Related

Cummings v. State
412 So. 2d 436 (District Court of Appeal of Florida, 1982)
Sanders v. State
35 So. 3d 864 (Supreme Court of Florida, 2010)
Peoples v. State
576 So. 2d 783 (District Court of Appeal of Florida, 1991)
Peoples v. State
612 So. 2d 555 (Supreme Court of Florida, 1992)
Knowles v. State
848 So. 2d 1055 (Supreme Court of Florida, 2003)
State v. DiGuilio
491 So. 2d 1129 (Supreme Court of Florida, 1986)
State v. McFadden
772 So. 2d 1209 (Supreme Court of Florida, 2000)
Barcomb v. State
68 So. 3d 412 (District Court of Appeal of Florida, 2011)
Williams v. State
654 So. 2d 261 (District Court of Appeal of Florida, 1995)
Brakeall v. State
696 So. 2d 1246 (District Court of Appeal of Florida, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
98 So. 3d 1264, 2012 WL 5076096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jouzdani-fladistctapp-2012.