State v. McFadden

772 So. 2d 1209, 2000 WL 1675950
CourtSupreme Court of Florida
DecidedNovember 9, 2000
DocketSC95614
StatusPublished
Cited by21 cases

This text of 772 So. 2d 1209 (State v. McFadden) 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
State v. McFadden, 772 So. 2d 1209, 2000 WL 1675950 (Fla. 2000).

Opinion

772 So.2d 1209 (2000)

STATE of Florida, Petitioner,
v.
Gregory McFADDEN, Respondent.

No. SC95614.

Supreme Court of Florida.

November 9, 2000.

*1210 Robert A. Butterworth, Attorney General, and Michael J. Neimand, Senior Assistant Attorney General, Bureau Chief, Criminal Section, and Linda S. Katz, Assistant Attorney General, Miami, Florida, for Petitioner.

Bennett H. Brummer, Public Defender, and Maria E. Lauredo, Assistant Public Defender, Eleventh Judicial Circuit, Miami, Florida, for Respondent.

PARIENTE, J.

We have for review McFadden v. State, 732 So.2d 412 (Fla. 3d DCA 1999), based on express and direct conflict with Barber v. State, 413 So.2d 482 (Fla. 2d DCA 1982), and Johnson v. State, 449 So.2d 921 (Fla. 1st DCA 1984). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We granted review to resolve the conflict among the district courts of appeal on the issue of whether a plea of guilty without an adjudication of guilt constitutes a prior "conviction" for purposes of impeachment under section 90.610(1), Florida Statutes (1997), of the Florida Evidence Code.

BACKGROUND

Respondent Gregory McFadden was charged with a domestic battery offense. At trial, in an attempt to impeach McFadden's credibility, the State sought to introduce evidence under the authority of section 90.610(1) that McFadden previously had pled guilty to a separate aggravated battery charge involving the same victim. See McFadden, 732 So.2d at 412. Although McFadden had pled guilty to this prior charge, adjudication had been withheld. See id. Over McFadden's objection, the trial court allowed the prosecutor to ask McFadden on cross-examination whether he had previously pled guilty to a separate aggravated battery upon the same victim. See McFadden, 732 So.2d at 414. The jury found McFadden guilty, the *1211 trial court entered a judgment of conviction and sentence, and McFadden appealed.

On appeal, the Third District reversed McFadden's conviction, concluding that "there should have been no reference whatever to the previous case because withholding adjudication simply does not result in the defendant's having been `convicted' of an offense as is required to impeach a witness under section 90.610(1), Florida Statutes (1997)." McFadden, 732 So.2d at 413. The Third District also determined that the "basic error" in allowing the impeachment was "compounded" and new errors created when the trial court allowed the State to point out both the precise nature of the charge to which McFadden had pled guilty and the identity of the victim. Id. at 414.

ANALYSIS

Section 90.610(1), which is the specific part of the Evidence Code governing impeachment by a prior conviction provides:

90.610. Conviction of certain crimes as impeachment
(1) A party may attack the credibility of any witness, including an accused, by evidence that the witness has been convicted of a crime if the crime was punishable by death or imprisonment in excess of 1 year under the law under which the witness was convicted, or if the crime involved dishonesty or a false statement regardless of the punishment....

The issue that we must address is what constitutes a "conviction" of a crime for purposes of impeachment pursuant to this section.

Generally, when a criminal defendant enters a guilty plea to the crime charged or a verdict of guilty is returned against a defendant after trial, the court will adjudicate the defendant guilty and enter a "final judgment of conviction." Fla. R.Crim. P. 3.670.[1] The "term `judgment' means the adjudication by the court that the defendant is guilty or not guilty." Fla. R.Crim. P. 3.650. Where a person is adjudicated guilty by a trial court, there is no question that a defendant or witness could subsequently be impeached by that prior conviction so long as the other necessary requirements of section 90.610 are satisfied. However, trial courts may withhold adjudication of guilt after a plea has been accepted or after a verdict of guilty has been rendered and place the defendant on probation provided that the requirements of section 948.01(2), Florida Statutes (1997), are met. See also Fla. R.Crim. P. 3.670.[2]

Given this framework, the question becomes whether an adjudication of guilt by the court or a final judgment of conviction is required in order to constitute a conviction *1212 for purposes of impeachment pursuant to section 90.610(1). Although this Court has never squarely addressed the issue, in State v. Raydo, 713 So.2d 996, 1001 (Fla. 1998), we stated, albeit in dicta, that if at sentencing "adjudication is withheld, there would be no conviction under section 90.610(1)." Consistent with this view, the Third District in this case held that there can be no impeachment by a prior conviction where there had been a guilty plea but adjudication was withheld. See McFadden, 732 So.2d at 413. However, the Third District "recognize[d] that there is Florida authority which points in the opposite direction," citing to Barber and Johnson. Id.

In Barber, the Second District framed the issue as whether "a jury verdict of guilty without an adjudication of guilt constitutes a conviction for purposes of impeachment." 413 So.2d at 482. During direct examination, the defendant testified that he had no prior criminal convictions. See id. One week earlier in another case, a jury had returned a guilty verdict against the defendant but he had not yet been adjudicated guilty by the court. See id. The trial court allowed the State to impeach with the jury verdict even though the defendant had not yet been adjudicated guilty. See id.

The Second District affirmed, holding that "for purposes of impeachment, there is no significant difference in probative value between a jury's finding of guilt and the entry of a judgment thereon." Id. at 484. However, the Second District also recognized that "an anomaly will occur if the court ultimately chooses to withhold adjudication and place appellant on probation for the crime of which the jury had previously found him guilty. Should this happen, appellant cannot thereafter be impeached by evidence concerning that crime." Id.

In Johnson, the First District addressed the issue of whether a witness could be impeached with a prior plea of guilty where the court had not yet adjudicated the witness guilty. 449 So.2d at 922-23. The First District agreed with Barber that the witness could be impeached pursuant to section 90.610 even though adjudication had not yet taken place. See Johnson, 449 So.2d at 923. As to the possibility that adjudication might be withheld, the First District also agreed with the dicta in Barber that the witness could not be impeached by evidence concerning a prior crime where the court withheld adjudication. See id. (citing Barber, 413 So.2d at 484).

In contrast to Barber and Johnson, the Fourth District in Roberts v. State, 450 So.2d 1126, 1126-27 (Fla. 4th DCA 1984), reversed after determining that the State's attempt to impeach the defendant with a prior conviction was improper because the trial court in the earlier case had not yet adjudicated him guilty. Accord Parker v. State, 563 So.2d 1130, 1131 (Fla. 5th DCA 1990) (agreeing with concurring opinion of Justice Anstead (then Chief Judge) in Roberts

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Bluebook (online)
772 So. 2d 1209, 2000 WL 1675950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcfadden-fla-2000.