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.

Hayes v. State

Florida Court of Appeals, Third District

July 10, 2019

John Lee Hayes, Appellant,
v.
The State of Florida, Appellee.

         Not final until disposition of timely filed motion for rehearing.

          An Appeal from the Circuit Court for Monroe County, Luis M. Garcia, Judge. Lower Tribunal No. 16-93-A-P

          Carlos J. Martinez, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

          Ashley Moody, Attorney General, and Jonathan Tanoos, Assistant Attorney General, for appellee.

          Before LOGUE, HENDON, and GORDO, JJ.

          GORDO, J.

         John Lee Hayes was convicted by a jury of his peers of sexual battery with physical force, kidnapping, aggravated battery and theft. The trial court sentenced him to a mandatory term of life imprisonment for sexual battery, a consecutive term of life for kidnapping, a concurrent term of fifteen years for aggravated battery and a concurrent term of 60 days for theft. Mr. Hayes appeals his conviction and sentence arguing he is entitled to a new trial because the State committed fundamental error when it introduced irrelevant, prejudicial testimony from the victim that during the sexual battery by force Mr. Hayes told her he had done this to six other women and he did not want to kill her. We affirm.

         The Facts

         On March 13, 2016, the victim, K.W., was walking to meet a friend at Dillon's Pub in Tavernier after work. As she walked down the sidewalk, she saw someone's eyeballs peering out at her from the bushes. She froze and asked, "What are you doing?"[1] The person responded, "You know what the f*** I'm doing."[2] Immediately thereafter, an unknown male jumped out of the bushes and violently attacked K.W. He repeatedly punched her in the head, face and body, dragged her when she tried to get away and continued beating her until she became unconscious. When K.W. awoke, her face was in the dirt and she felt shooting pain. The male jumped on top of her and began striking her again. He then flipped her over and she tried to resist again. The male tried to take her pants off, but could not. As she resisted, he ordered her to help him take her pants off. He then raped her, took money from her purse and ordered her to wait fifteen minutes before getting up. He told her he would be watching to make sure she complied.

         Battered and bruised, K.W. was able to get some of her clothes on and walk to Dillon's Pub where Deputy Luis Sanchez from the Monroe County Sheriff's Office saw her injuries. He immediately summoned police and an ambulance. K.W. was rushed to the hospital. She suffered a fractured jawbone and chin, broken orbital socket and multiple broken ribs. She sustained golf-ball-sized bruises behind her left and right ears and her eyes were swollen shut.

         At the hospital, a vaginal rape kit was collected and turned over to police for testing. Ultimately, the laboratory was able to confirm that Mr. Hayes' DNA profile was a 1 out of 700 billion match to the foreign DNA profile found from the victim's rape kit swabs. Detectives found that license tag readers in the area captured his car's license plate going northbound and southbound along the highway near the scene of the crime at the time the crime occurred. Surveillance video from Dunkin Donuts next to the crime scene also depicted a car that looked like Mr. Hayes' car coming in and later going out of the parking lot.

         Upon being read his constitutional rights, Mr. Hayes spoke to police and denied recognizing anyone in a photographic line-up, which included the victim. He denied ever attacking or raping any woman at a "shopping center." This was particularly significant to detectives because they had not yet told Mr. Hayes the crime he was being arrested for occurred at or near a shopping center. He denied ever being at that shopping center or knowing anyone from Key Largo, Tavernier, or Islamorada. Mr. Hayes was arrested and formally charged.

         The Trial

         The trial took place over the course of four business days. Twelve witnesses testified, including Mr. Hayes. The State introduced DNA evidence showing that Mr. Hayes' DNA profile was a match to the attacker, testimony of Mr. Hayes' pre-arrest and post-arrest statements, photos and documentation of K.W.'s injuries, video footage of Mr. Hayes' car coming in and out of the parking lot near the area where the crime occurred and ...


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.