final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County, Lower
Tribunal No. 14-22751A Ellen Sue Venzer, Judge.
J. Martinez, Public Defender, and James A. Odell, Assistant
Public Defender, for appellant.
Moody, Attorney General, and Kayla Heather McNab, Assistant
Attorney General, for appellee.
LINDSEY, HENDON, and GORDO, JJ.
Pujol appeals her conviction and sentence for burglary of an
unoccupied dwelling, grand theft, and criminal mischief. For
the reasons set forth below, we affirm.
FACTUAL AND PROCEDURAL HISTORY
Kristen Bauer and Danny Malone returned to their home on
September 12, 2014, they discovered they had been
burglarized. Bauer and Malone reported to law enforcement
that multiple items in their home were either out of place,
broken, or missing. No person witnessed the burglary and no
direct physical evidence was left behind. Nevertheless,
during his preliminary investigation, Miami-Dade Detective
Kelvin Peguero Bruno learned that Bauer and Malone's
neighbor's surveillance camera captured the incident.
surveillance footage showed a silver Hyundai drive up to and
park in front of Bauer and Malone's home. A slim,
light-skinned woman with long, red hair exited from the
driver's side, approached the house, and knocked on the
door. Shortly thereafter, the woman returned to the vehicle.
As the woman got back into the vehicle, a man exited from the
passenger's side door. He then proceeded toward the back
of the house, and the woman drove off. Approximately 15
minutes later, the silver car returned to Bauer and
Malone's home. The man ran out of the house carrying a
pillowcase and a suitcase. He placed both items in the trunk
before getting back into the vehicle as it drove away.
Bruno and Detective Raquel Mascarena were initially unable to
identify the perpetrators based on the surveillance footage
alone because they could not get a clear look at their faces.
The only physical characteristics they were able to make out
were the perpetrators' skin color, hair color, and build.
The detectives were, however, able to discern the
vehicle's license plate number. From that, the detectives
were able to learn the name and address of the registered
owner of the vehicle, Crystal Pujol, the defendant in this
with this information, the detectives drove to Pujol's
registered address and surveilled the property from a few
blocks away in an unmarked car. Approximately 40 minutes
later, the detectives witnessed two individuals who matched
the descriptions of the perpetrators get in a green Toyota
and drive off. The detectives followed the vehicle as it made
its way from Broward County into Miami-Dade County. Once the
vehicle entered Miami-Dade County, the detectives instructed
a different officer in a marked police car to pull the
vehicle over. Pujol and her male passenger, Antwan Holmes,
were arrested and taken to the police station for processing.
A search incident to arrest revealed a pair of gloves and a
crowbar inside the car.
was wearing a lot of jewelry at the time of her arrest. At
the police station, the officers asked Pujol to remove all
the jewelry. Bauer identified two pieces of jewelry she had
reported stolen. During her recorded, post-Miranda interview,
Pujol admitted that she owned the silver Hyundai, but denied
being involved with the burglary. She stated that she was in
the area with Holmes at the time because she was looking for
a new place to rent and that she knocked on the door of a few
houses displaying "for rent" signs. Pujol
maintained her innocence and proceeded to trial. Holmes,
however, admitted that he was the man in the surveillance
footage and pled guilty to the charges against him.
trial, Holmes testified that the woman in the video was not
Pujol. He claimed it was another woman-also with red
hair-that he was dating at the time. Holmes asserted that
although Pujol was a friend of his, he stole her car while
she was sleeping to pick up the other woman. When attempting
to explain how Pujol was arrested wearing some of the stolen
jewelry, Holmes testified that he had left some of the stolen
jewelry in Pujol's car. He testified that he wanted to
tell Pujol she was wearing stolen jewelry when he noticed the
items on her on the day they were arrested, but he remained
silent, fearing Pujol would turn him in. Yet, despite
Holmes' trial testimony, Holmes had previously stipulated
to the accuracy of the arrest report as part of the colloquy
incident to his plea. That report listed Pujol as his
codefendant. According to Holmes, he did not read the arrest
report before stipulating to its contents. He testified that
he stipulated to the report only to receive a more favorable
plea offer from the State.
and Malone also testified at trial. The State relied
primarily on their testimony to prove the value of the stolen
items and the property Holmes damaged.Bauer had
difficulty remembering the value of the stolen items at
first. The State refreshed her recollection by showing her a
catalog for the stolen wedding ring. When she could not
remember the value of her red heart pendant, the State
provided Bauer with a police report containing Bauer's
list of the items that were stolen and their value. Bauer
testified that she prepared and submitted a report with all
the receipts for the stolen items to the police. The trial
court allowed the State to introduce the report as a past