Terry L. Marshall, III, Appellant,
State of Florida, Appellee.
final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331
appeal from the Circuit Court for Duval County. Tatiana
L. Marshall, III, pro se, Appellant.
Moody, Attorney General, and Anne C. Conley, Assistant
Attorney General, Tallahassee, for Appellee.
L. Marshall, III, appeals an order denying a motion brought
pursuant to Florida Rule of Criminal Procedure 3.850. For the
reasons discussed below, we affirm.
was tried for armed robbery with a firearm. The victim and
his mother testified for the State. Those witnesses testified
that the victim and Marshall were friends from college.
Marshall used to push the victim around in his wheelchair
when the victim was wheelchair-bound in 2011. At the time of
the offense in 2013, the victim was able to walk with the
assistance of a walker. He was living in an apartment with
his mother and his three-month-old daughter.
day of the offense, Marshall called the victim and asked to
visit. Marshall arrived with a man he introduced as his
cousin. The victim's mother let the two men into the
apartment, and they joined the victim in the living room,
where he was watching television with his daughter on his
lap. The victim's mother stepped outside to smoke a
asked the victim for ten dollars. When the victim declined,
Marshall pulled a gun, cocked it, and pointed it at the
victim's head. The victim pleaded, "[P]lease
don't shoot me, not while I got my baby." Marshall
took money from the victim's pockets. Marshall's
cousin searched the other rooms, taking money that the
victim's mother kept on the refrigerator. Overhearing the
commotion, the victim's mother rushed back into the
apartment. She saw Marshall pointing a gun at the victim and
his baby and shielded them with her body. As Marshall left
the apartment, he stopped in the door, the gun still pointed
at the victim, and said, "You know my name."
victim was so upset afterwards that he became physically ill
and had to calm down before he could call 911. The victim and
his mother separately identified a photograph of Marshall for
the police. They both also identified Marshall in court.
defense theory was that the victim had fabricated the robbery
to seek revenge against Marshall for testifying against the
victim's friend, Tim Burrows. During cross-examination,
defense counsel elicited testimony from the victim that he
knew Burrows. Counsel impeached the victim with prior
inconsistent statements from his deposition that he did not
counsel also called Burrows as a witness. Burrows testified
that Marshall had been his codefendant in a criminal case.
Marshall cooperated with the State and was released sooner
than Burrows, who was still incarcerated at the time of
trial. Burrows testified that he grew up with the victim, who
was like a brother to him. He stated that it was the victim
who introduced him to Marshall.
cross-examination, the State proffered evidence regarding the
nature of the charges in Burrows' prior criminal case.
Defense counsel objected to this testimony, arguing that the
nature of the charges would be too prejudicial because the
prior case involved a robbery. Counsel noted that he had
filed a motion in limine on this issue, which the trial judge
had reserved ruling on. The State argued that defense counsel
had opened the door to this line of questioning by eliciting
testimony about the prior criminal case. The trial judge
ruled that the State could ask Burrows what offenses he had
been convicted of in that prior case.
then testified that after Marshall became a witness against
him, he pled nolo contendere to two counts of robbery,
battery on a law enforcement officer, and two counts of
battery on a detainee. Burrows indicated ...