Cherisma v. State
Cherisma v. State
Dissenting Opinion
(dissenting).
I dissent, based upon Lee v. State, 873 So.2d 582 (Fla. 3d DCA 2004), which remains binding precedent and should control the outcome in this case. In Lee, the detective testified that the victim “was a credible witness.” The defense objected to the introduction of this testimony and moved to strike the testimony. The trial court overruled the objection. This Court concluded the police detective’s response served to bolster the-victim’s credibility, and the admission of the testimony constituted reversible error.
In this case, the State elicited testimony regarding the officer’s impressions of his interactions with the crime victim, even though such testimony was not necessary. The issue at trial was not whether the police officer made a proper decision when he charged the defendant. The issue was whether the victim correctly identified Cherisma as the perpetrator. The victim testified regarding her identification of those she believed robbed her, and she was cross-examined regarding the specifics of her identification. The jury, not anyone else, was responsible for evaluating her credibility.
Consequently, the testimony from a law enforcement witness that discrepancies would not have altered the officer’s decision to arrest the defendant had no probative value except to vouch for the credibility of the victim. The alleged inconsistencies were already before the jury through both the victim’s testimony and the officer’s testimony regarding the circumstances of the arrest. Like the victim, the officer’s purpose in testifying was to relate facts and recollections, but not evaluate the credibility of the evidence. Credibility determinations are for the jury. I do not see how the majority can state that the testimony “was elicited in rebuttal to the defense suggestion on cross-examination that the victim was an unreliable witness,” yet conclude that it “did not amount to vouching,” as these facts suggest no other purpose for such a rebuttal.
For these reasons, I dissent.
Opinion of the Court
Phillip Cherisma appeals from a final judgment of conviction. We affirm.
Cherisma was charged with one count of armed robbery, one count of impersonating an officer while committing an armed robbery, and one count of armed burglary. The victim testified that he was pulled over by a man driving a white Dodge Charger with police lights. The driver, who held a gun and appeared to be wearing a badge, approached the victim’s car and told him they were searching vehicles.
The defense, on cross-examination, elicited testimony from the investigating detective, Detective Gabriel, that the victim’s report of the incident varied in some of the details he remembered.
The defendant argues that the trial court erred by allowing the State, on redirect, to elicit this testimony from Detective Gabriel because it was improper bolstering of victim’s testimony. Detective Gabriel’s testimony, that he would have proceeded with his investigation despite inconsistencies between the victim’s initial and subsequent account of the details, was elicited in rebuttal to the defense suggestion on cross-examination that the victim was an unreliable witness. His responses did not amount to vouching for the victim’s credibility or the truthfulness of his testimony. The trial court did not err by allowing the State to elicit this testimony as proper rebuttal to the defense’s questions.
The State next introduced a Williams
We affirm the defendant’s convictions and sentences.
SHEPHERD, J., concurs.
. For instance, discrepancies between the victim's initial report and testimony included whether the victim said the flashing lights were blue, or red/blue; whether he said that the gun had a scope light attached or not; and whether the victim knew that his credit card had been used right after the robbery.
. Williams v. State, 110 So.2d 654 (Fla. 1959).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.