Whitfield v. State

706 So. 2d 1, 1997 WL 561280
CourtSupreme Court of Florida
DecidedSeptember 11, 1997
Docket86775
StatusPublished
Cited by23 cases

This text of 706 So. 2d 1 (Whitfield v. State) 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
Whitfield v. State, 706 So. 2d 1, 1997 WL 561280 (Fla. 1997).

Opinion

706 So.2d 1 (1997)

Ernest WHITFIELD, Appellant,
v.
STATE of Florida, Appellee.

No. 86775.

Supreme Court of Florida.

September 11, 1997.
Rehearing Denied November 20, 1997 and February 19, 1998.

James Marion Moorman, Public Defender, and Douglas S. Connor, Assistant Public Defender, Tenth Judicial Circuit, Bartow, for appellant.

*2 Robert A. Butterworth, Attorney General, and Robert J. Landry, Assistant Attorney General, Tampa, for appellee.

PER CURIAM.

We have on appeal Ernest Whitfield's convictions and sentences for armed burglary, sexual battery with a deadly weapon, and first-degree murder, including a sentence of death for the first-degree murder conviction. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. For the reasons expressed, we affirm Whitfield's convictions and sentences.

At trial, evidence was presented to establish the following. In early June 1995, Whitfield went to the home of Claretha Reynolds. He asked Reynolds, Willie Mae Brooks, and Estella Pierre for money. Pierre was Whitfield's former girlfriend. When none of them would give him any money, he tried to snatch Pierre's purse. Reynolds grabbed Whitfield in a headlock and forcibly ejected him from her home. Whitfield told them as he left: "I'm going to kill all three of you bitches."

Several weeks later, in the early morning hours of June 19, 1995, Whitfield attempted to get Willie Mae Brooks to let him in Reynolds' house. Brooks refused and went back to sleep in the bed she shared with her one-year-old child. Whitfield subsequently unlawfully entered Reynolds' home. Armed with an eight-inch knife, he entered the bedroom in which Brooks was sleeping and raped Brooks, indicating that he would stab her and her child if she screamed. Whitfield then went into a different room where Reynolds and her five children were located. About ten minutes later, Reynolds stumbled into Brooks's room and asked her to lock the door. She was bleeding profusely from her wounds and told Brooks that she was dying and that Ernest had stabbed her. Brooks and one of Reynolds' children, a twelve-yearold, climbed out the window and ran to a neighbor's house to call police. Whitfield fled the scene. Reynolds died shortly after police arrived.

After he was apprehended, Whitfield admitted stabbing Reynolds and led police to the murder weapon.

The medical examiner testified that Reynolds was stabbed twenty-one times; seven of the wounds were potentially lethal and many of the wounds were seven inches deep. He further stated that, after Reynolds was stabbed, she was still fully conscious and aware that she was dying.

Whitfield's defense was based on voluntary intoxication by cocaine. A clinical psychologist, Dr. Regnier, testified regarding Whitfield's cocaine abuse and his 1991 Baker Act hospitalization. He stated that Whitfield exhibited symptoms consistent with the classic pattern of cocaine abuse. He further testified that there was no reason to believe that Whitfield was not under the influence of cocaine during the incident and that there was reasonable doubt about premeditation.

The State's psychiatrist, Dr. Sprehe, testified in rebuttal that Whitfield was able to form a specific intent to commit murder, pointing out that Whitfield was arrested within two hours of the incident and was not considered to be intoxicated at that time. Further, he stated that Whitfield's actions during the course of the crimes showed planning ability: He entered the house, obtained a kitchen knife, used the knife to rape Brooks, threatened Brooks not to make noise, entered another room to kill Reynolds, left the house, and disposed of the knife. He also stated that cocaine psychosis resulting from long-term use of cocaine does not go away in a matter of hours.

Whitfield was convicted of armed burglary, sexual battery with a deadly weapon, and first-degree murder.

During the penalty phase, evidence was admitted regarding Whitfield's prior aggravated battery convictions. Testimony was presented that during both of the prior aggravated batteries Whitfield threatened to kill the victims if they called police. Whitfield presented evidence to show that he had recently been shot and severely wounded but that he forgave his assailant; that he was chronically dependent on drugs; that he suffers from major depression; that he suffered from a deprived childhood; that he was mentally ill and under the influence of crack cocaine when he entered Reynolds' home; *3 and that he was not in complete control of his emotions at the time of the murder.

The jury recommended death by a seven-to-five vote. The trial judge followed the jury's recommendation. He found three factors in aggravation: prior violent felonies (two prior aggravated batteries and contemporaneous sexual battery of another victim in this case); commission in the course of a burglary; and that the murder was heinous, atrocious, or cruel. He found no statutory mitigating circumstances, but he found the following nonstatutory circumstances: cooperation with authorities (little or no weight); impoverished background (considerable weight); crack cocaine addiction (substantial weight); Whitfield's abandonment by his father and his mother's alcoholism (some weight); and that Whitfield was the victim of a near fatal shooting but forgave his assailant (little or no weight).

In this appeal, Whitfield raises five issues. In his first issue, he contends that the trial judge wrongfully removed him from the courtroom during jury selection. The record reflects that, during jury selection, Whitfield indicated that he was dissatisfied with his attorneys and asked the trial judge to discharge them.[1] Apparently, Whitfield was angry that the only options, if he was found guilty, were a life sentence or death, and he contended that his attorneys had a "negative" attitude. The trial judge attempted to conduct both Nelson[2] and Faretta[3] inquiries on several occasions, but Whitfield was uncooperative in answering the judge's questions[4] and asked to be taken back to his cell. Whitfield's attorneys indicated that they were prepared to try the case and would represent Whitfield to the best of their ability. The judge found counsel to be competent and refused to discharge them. He also found that Whitfield was not competent to represent himself after Whitfield indicated that he could not think rationally, that he could not represent himself, and that the whole thing made his head hurt.[5] After that ruling, Whitfield again asked to be taken back to his cell, but the judge stated that Whitfield would remain in the courtroom as long as he behaved. Because he was not allowed to leave, Whitfield turned his chair around and sat with his back toward the jury. Whitfield's counsel then joined in Whitfield's request to allow him to be taken back to his cell because of the prejudice that would be caused to him by his sitting with his back to the jury. The judge again asked Whitfield if he wanted to leave and Whitfield's only response was that he was "not coming back." The judge allowed Whitfield to leave but stated that he would do whatever was necessary to ensure that Whitfield was able to participate, including placing a telephone in his cell. Whitfield refused this offer as well. After jury selection, the trial judge went to Whitfield's cell in an attempt to convince him to return to the trial. Whitfield chose not to return until some time later in the trial.

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Bluebook (online)
706 So. 2d 1, 1997 WL 561280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitfield-v-state-fla-1997.