Akridge v. State
Akridge v. State
Opinion of the Court
Dianna Akridge appeals her convictions for possession of cocaine, possession of drug paraphernalia, and giving false identification to a law enforcement officer. Akridge raises four issues in this appeal. We find merit only in her contention that the trial court erred in ruling that identity would not be an issue in the case, thus prohibiting the State from presenting evidence of the accused’s identity.
A jury trial commenced on May 8, 2006, at which time the jury was selected and sworn, and the trial was continued until May 10. Akridge did not appear on May 10, but the trial continued in her absence.
The burden is upon the State to prove beyond a reasonable doubt all of the elements of the alleged crime including the identity of the defendant. See State v. Freeman, 380 So.2d 1288 (Fla. 1980) (rejecting claim that a separate instruction on identity and the State’s burden of proof thereon should have been given where standard instruction clearly explains State’s burden to prove identity). Here, consistent with the standard instructions,
To overcome a defendant’s presumption of innocence, the State always has the burden to prove that the crime or crimes being charged were, in fact, committed and that the defendant is the person who committed the crime. The defendant is never required to present evidence nor prove anything.
Despite giving this instruction, the trial court deprived the parties of the opportunity to prove or challenge at trial that Dianna Akridge is the person who committed the crimes. Thus, the jury was deprived of necessary evidence tending to prove or disprove an essential element of the case.
In ruling that Akridge had waived the issue of identity by not appearing on the second day of trial, the trial court apparently was concerned that the State would be unable to prove identity due to Akridge’s absence from the courtroom. In its order denying Akridge’s motion for new trial, the court wrote:
The Court’s most serious disagreement with Defendant comes with the motion for new trial, which complains of the Court having ruled that identity was not an issue. Certainly it is expected that the state, in every case, will ask the arresting officer(s) or eyewitness(es), “Do you see that person here in the courtroom today?” even when mistaken identity has not been offered as the defense. Such a question would have been risible in the case at bar, since [counsel] sat alone at defense table.
The trial court’s conclusion that it would have been ludicrous for the State to have to ask the officer whether he saw the defendant in the courtroom, given her absence, does not justify excusing the State from its burden to prove identity. In-court identification is not the sole method of proving identity.
Cases from other jurisdictions have addressed identity issues arising from trials held in absentia and have discussed alternative means by which prosecutors have adequately proven the defendants’ identity. See State v. Ahlquist, 67 Wash.App. 442, 837 P.2d 628, 630-31 (1992) (rejecting claim that state failed to prove identity where undercover officer used a booking photograph to identify defendant as the person who sold the drugs); People v. Johnston, 160 Ill.App.3d 536, 112 Ill.Dec. 114, 513 N.E.2d 528, 533 (1987) (holding
Because the trial court erred by ruling that identity would not be an issue in this case, we reverse and remand for a new trial.
. See Fla. Std. Jury Instr. (Crim.) 3.7.
Reference
- Full Case Name
- Dianna L. AKRIDGE v. STATE of Florida
- Cited By
- 4 cases
- Status
- Published