State v. Lara

22 Fla. Supp. 2d 58
CourtCircuit Court for the Judicial Circuits of Florida
DecidedMay 1, 1987
DocketCase No. 82-23983-C
StatusPublished

This text of 22 Fla. Supp. 2d 58 (State v. Lara) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits 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. Lara, 22 Fla. Supp. 2d 58 (Fla. Super. Ct. 1987).

Opinion

OPINION OF THE COURT

PHILIP BLOOM, Circuit Judge.

[59]*59This matter came before the Court on a Motion (and amendments thereto) for post-conviction relief pursuant to Rule 3.850, Fla.R.Crim.P., made in behalf of defendant Ramon Lara, alleging ineffective assistance of counsel. The Motion specifically sets out the areas of alleged ineffective assistance of counsel. See Knight v. State, 394 So.2d 97 (Fla. 1981).

This Court granted a hearing wherein the trial attorney for defendant Lara (Richard Houlihan of the Public Defender’s Office) and Mr. Lara testified extensively with respect to the facts and issues involved here. Additionally, the Court reviewed several times the transcript of the trial proceedings without a jury that took place before the Honorable Richard Y. Feder. That transcript, consisting of fifty-seven (57) pages, was attached to the instant Motion, together with other documents, and a more recent motion in behalf of Lara to admit polygraph examinations of defendant Lara and co-defendant Carlos Rodriguez. The initial Motion in behalf of Mr. Lara was made over one year ago, was supplemented thereafter, and due to various intervening circumstances and requests by the parties, was not heard by this Court until many months thereafter, by agreement of the parties.

This case concerns one of our most important Constitutional rights: the right of a defendant in a felony case to be represented by an attorney. The defendant contends that he was deprived of effective assistance of counsel at the trial stage of these proceedings and, therefore, also was deprived of his rights to trial by jury, to testify, and to confront the witnesses against him.

By Information, Lara and two other defendants were charged with three crimes: (1) Murder, second degree; (2) Attempted armed robbery; and (3) Grand theft of an automobile.

Lara’s Conviction and Appeal

The case was submitted to the trial judge (Feder) on a “Stipulated Statement of Facts,” a Sworn Motion to Dismiss, and a Traverse (hereinafter collectively referred to as “Stipulation”). Lara was convicted, and appealed to the District Court of Appeal, Third District, on the ground that his waiver of his right to jury trial was improper. That Court affirmed the conviction in Lara v. State, 475 So.2d 1340 (1985).

Lara’s Present Contentions

According to Lara’s present counsel, the waiver of jury trial, and the facts agreed to in the Stipulation, when combined with the “attitude” of Lara’s trial counsel in attempting to predict the judge’s decision of [60]*60acquittal, created a “mind set” on the part of Lara’s counsel which rendered ineffective any legal assistance to Lara. The evidence taken at the Rule 3 hearing before this Court confirms the reason that a decision was made by defendant Lara and his attorney to avoid either a jury trial or any other live testimony before any trier of fact, as shall hereinafter appear.

Succinctly stated, the evidence before this Court was that defendant Lara coincidentally met two other co-defendants at a gasoline station and then travelled with them in an automobile to a cafeteria. Lara remained with the car, while the two others went inside and approached the owner of the cafeteria demanding money from the cash register. When the two defendants were inside the cafeteria, the owner drew a gun and as the two co-defendants fled, the cafeteria owner started shooting. A 17-year-old girl was killed by a bullet shot from that gun. The more detailed “facts” are interspersed throughout this Order. The principal issue as to Lara in the trial proceedings was whether the two co-defendants drove to and approached the owner of the cafeteria to commit robbery and whether defendant Lara knew that prior to the killing.

This defendant’s case was fully explored by pre-trial discovery. After extensive hearings and oral argument, Judge Feder found the defendant guilty beyond a reasonable doubt on two of the counts: murder second degree and attempted armed robbery.

In order to reach a proper decision here, it is essential to review the proceedings before Judge Feder and to review the alleged errors of Lara’s trial counsel to determine whether the legal assistance provided Lara at trial was ineffective in the totality of the circumstances of the entire case.

It should be noted that American jurisprudence is based on the objective theory of conduct rather than the subjective theory of the mind. This means that thoughts and mental processes are reflected by words or communicated acts or conduct, i.e., by overt expressions of meaning and intent, rather than by speculative or uncommunicated thoughts, i.e., by silence as to any expressions of meaning and intent.

Our inquiry should be directed to the following:

1. Did defendant Lara’s counsel protect Lara’s rights, or was Lara’s attorney ineffective in his assistance to him; and
2. Did defendant Lara intelligently understand and agree to the proceedings before Judge Feder?

[61]*61 The Proceedings before Judge Feder

On December 19, 1984, the agreed to non-jury trial of this case came before Judge Feder. The transcript of the proceedings shows that both Mr. Lara and the court interpreter were duly sworn and the following took place:

“THE COURT: Mr. Lara, as I understand it, you have discussed with your lawyer trying this case in front of the Court without a jury; is that correct?
THE DEFENDANT: Yes, sir.
THE COURT: You understand you have an absolute right to trial by jury?
THE DEFENDANT: Yes.
THE COURT: But, you are willing to waive that right and go to trial in front of me; is that correct?
THE DEFENDANT: Yes, sir.” (at p 3)
THE COURT: Okay. Anything you wish to inquire of him in this regard?
MR. GLICK: Judge, I would only ask the Court to advise the defendant that as a result of the stipulation between counsel for the defense and the State, that live witness will not be appearing, but that we have agreed to several statements of fact that would be the testimony of the witnesses, were they to appear.
MR. HOULIHAN: If I can say one thing quickly just for the Court’s knowledge. I was told—I do not speak Spanish—that it’s easier to use the word agreement instead of stipulation. So, in talking with Mr. Lara, I said we had agreed.
THE COURT: You also understand, Mr. Lara, that there will be no live witnesses testifying?
THE DEFENDANT: Yes, sir.
THE COURT: The Court is going to decide this case based upon an agreement between the State and your attorney as to what the facts are. Do you understand?
THE DEFENDANT: Yes.
THE COURT: I will base my decision on that agreement of what the true facts are, as if the witnesses had come to court and testified just as it is in the agreement between your attorney and the State Attorney. Is that okay?
[62]*62THE DEFENDANT: Yes, sir.” (at pp 4-5)

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Related

Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
Meeks v. State
382 So. 2d 673 (Supreme Court of Florida, 1980)
Harris v. State
394 So. 2d 96 (Court of Criminal Appeals of Alabama, 1981)
Lara v. State
475 So. 2d 1340 (District Court of Appeal of Florida, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
22 Fla. Supp. 2d 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lara-flacirct-1987.