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Douglas v. State

Florida Court of Appeals, Third District

February 7, 2018

Tracy Douglas, Appellant,
v.
The State of Florida, Appellee.

         Not final until disposition of timely filed motion for rehearing.

         An Appeal from the Circuit Court for Miami-Dade County, Lower Tribunal No. 10-17058 Ariana Fajardo Orshan, Judge.

          Tracy Douglas, in proper person.

          Pamela Jo Bondi, Attorney General, and Jacob Addicott, Assistant Attorney General, for appellee.

          Before ROTHENBERG, C.J., and SALTER and LUCK, JJ.

          ROTHENBERG, C.J.

         After a jury trial, the appellant, Tracy Douglas ("the defendant"), was convicted of robbery with a firearm. The judgment and sentence were affirmed on appeal. Douglas v. State, 100 So.3d 702 (Fla. 3d DCA 2012). In 2013, the defendant filed a motion raising eight grounds for postconviction relief based on ineffective assistance of trial counsel. The trial court summarily denied six of the claims, conducted an evidentiary hearing on two of the claims, and following the hearing, entered an order denying the motion. Although the defendant raised eight claims, the eighth claim was a cumulative error claim, and he has only specifically addressed five of the individual seven claims on appeal. We have, however, reviewed all eight claims and affirm.

         SUMMARY OF THE EVIDENCE

         At approximately 11:00 p.m. on the night in question, the victim exited a bus with another woman, and they began walking, but then parted ways. Thereafter, a man, who the victim later identified as the defendant, approached the victim and robbed her of her cell phone at gunpoint. The victim knocked on the door of a nearby house, where she called the police and reported the robbery.

         The victim testified that she got a good look at the robber, whom she recognized from an encounter two or three days prior to the robbery. The victim had actually been in a car with the man who robbed her, along with her friend, Ashley Hunter, two or three days before the robbery. Because the victim wanted to provide the name of the man who had robbed her to the police, she contacted Hunter and asked her for the name of the man in Hunter's car. Hunter told the victim that the man was known as "Bucket." After conducting a search on the internet, the victim identified the defendant as the man who had robbed her. She provided this information to the police and subsequently positively identified the defendant as the man who robbed her at gunpoint in both a pre-trial photo line-up and then again at trial. Records of the stolen cell phone showed calls placed to the defendant's girlfriend and mother the day after the robbery.

         At the time of trial, the defendant had five or six pending felony cases, including two first degree murder cases and several robbery cases. The same trial counsel represented the defendant in all of the defendant's cases, and he obtained acquittals in every case that went to trial, including the murder cases, except for the instant case. It appears that the defendant's mother and sisters testified as alibi witnesses in the murder trials.

         THE DEFENDANT'S POSTCONVICTION CLAIMS

         I. Failure to object to the trial court's response to the jury's request for a transcript of the trial

         During jury deliberations, the jury requested "a transcript of the trial." After consultation with counsel for the State and the defendant's counsel, and with the approval of both, the trial court submitted the following response to the jury: "Trial is not transcribed at this time. You must rely upon your recollection, however, read back of certain portion may be available if necessary." We ...


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