Sweat v. State
Sweat v. State
Opinion of the Court
Dwayne Sweat appeals his judgment for carjacking with a deadly weapon and kidnapping with a weapon and with the intent to commit a felony. We affirm.
Stacy Shoemaker and her roommate, Juliet Gomes, drove to a convenience store
Police officer Jay Draisin testified that he came into contact with Sweat on the night of the incident when responding to a call about a carjacking. Draisin and the officer with whom he was riding saw a green Hyundai. Draisin pulled behind the vehicle, observing that the vehicle tag-number matched the partial tag number he was provided and that the suspect in the passenger seat matched the description provided. Draisin and the other officer stopped the vehicle and secured Sweat and a knife lying next to the vehicle door. Officer Dean Mazzoli testified that when he pulled Gomes from the vehicle, she said, “Thank God. I thought he was going to kill me. He had a knife.” Sweat was found guilty as charged, and in a special verdict, the jury found that Sweat had carried a weapon.
Sweat argues that the trial court erred conducted an incomplete Nelson
Let me tell you what. I do not fault you for filing this motion and kind of airing your concerns. You are basically facing a potential two life sentences, potentially. Not that it’s going to happen, but that’s the worst case scenario. That is not a very pleasant thing to be looking at. And it would cause any reasonable man to be somewhat uncomfortable.
From what I can tell based on speaking with Mr. Barrett and Miss Brennan, speaking with you, that I don’t find Mr. Barrett has been deficient in any way, let alone negligent in his representation of you.... And so I’m going to deny your motion at this time....
Although it is well-settled that when a defendant voices a seemingly substantial complaint about counsel, the court should make a thorough inquiry concerning the reasons for a defendant’s dissatis
Under Nelson, the trial court should have informed Sweat that if he dismissed his current attorney, a second state-appointed attorney may not be provided. However, the trial court’s failure to give this advice to Sweat is subject to the harmless error test. See Lewis v. State, 623 So.2d 1205, 1208 (Fla. 4th DCA 1993). Because Sweat never discharged his attorney, the court’s failure to advise him that a second attorney may not be appointed if he dismissed his current attorney was harmless.
Next, Sweat argues that the trial court improperly admitted hearsay under the excited utterance exception to the hearsay rule because there was no good faith showing that the declarant was unavailable. An excited utterance has been held to be a “firmly rooted” hearsay exception. State v. Frazier, 753 So.2d 644, 646 (Fla. 5th DCA 2000). Moreover, the unavailability of the declarant is not a prerequisite to admissibility of an excited utterance. § 90.803(2), Fla. Stat.; Frazier, 753 So.2d at 646 n. 3 (citing People v. Cepeda, 69 F.3d 369 (9th Cir. 1995)). No error has been shown.
Finally, Sweat contends that because the trial court conducted an insufficient Nelson inquiry and improperly admitted the excited utterances, the trial court should have granted his motion for a new trial. This issue is without merit because the grounds upon which the motion was based are without merit.
AFFIRMED.
. Nelson v. State, 274 So.2d 256 (Fla. 4th DCA 1973).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.