Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Thompson v. State

Florida Court of Appeals, Third District

May 30, 2018

Ronald Thompson, 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. 15-7068B Marisa Tinkler-Mendez, Judge.

          Carlos J. Martinez, Public Defender, and Natasha Baker-Bradley, Assistant Public Defender, for appellant.

          Pamela Jo Bondi, Attorney General, and David Llanes, Assistant Attorney General, for appellee.

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

          ROTHENBERG, C.J.

         The sole issue raised in this direct appeal is whether the trial court abused its discretion by admitting what has been characterized by the appellant, Ronald Thompson ("the defendant"), as an anonymous 911 call at his trial, at which he was convicted of strong arm robbery and battery. Because the 911 call was not anonymous and was admissible as a spontaneous statement and an excited utterance, we affirm.

         The evidence is as follows. Mr. and Mrs. Benson were vacationing in Miami and were at a restaurant seated at an outdoor table facing the sidewalk on Ocean Drive. When Mrs. Benson left the table to use the restroom, she left her purse on the table with her husband. Shortly thereafter, a woman and the defendant approached Mr. Benson. The woman asked Mr. Benson for a lighter and after he twice told her that he did not smoke and did not have a lighter, the woman grabbed Mrs. Benson's purse and ran off. When Mr. Benson tried to pursue her, the defendant grabbed Mr. Benson by the shirt and pulled him off his chair in order to keep him from pursuing the woman. Mr. Benson broke free and began chasing the woman while the defendant chased Mr. Benson.

         During the chase, the woman screamed: "Help, this man is trying to rob me, and steal my purse, " and the defendant followed up with his own misdirection: "Help, this guy is trying to rob my wife, trying to steal her purse." Mr. Benson caught up to the woman and pulled his wife's purse from the woman's hands as the woman tried to kick him and as the defendant grabbed Mr. Benson and repeatedly punched him in the back. Security officers tackled both men and the woman fled. Law enforcement arrived shortly thereafter, and they were also able to apprehend the woman. After conducting their investigation, the police arrested the woman and the defendant.

         During the defendant's trial, the trial court admitted, over defense objection, the 911 call that was placed at 1:41 a.m. from the crime scene as an excited utterance and/or a spontaneous statement. The substance of the call is as follows:

CALLER: I'm calling for [sic] address 1052 Ocean Drive.
OPERATOR: 1052 Ocean Drive. You need rescue or police?
CALLER: Police, please.
OPERATOR: What's the problem ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.