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559 So. 2d 729

Docket No. 89-0324.

Johnson v. State

William JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided April 18, 1990.

District Court of Appeal of Florida · decided 1990-04-18

Key passage — most relied on by later courts

“DOES THE MERE IDENTIFICATION OF A LOCATION AS A HIGH-CRIME AREA UNDULY PREJUDICE A DEFENDANT WHO IS ARRESTED THERE?”

quoted by 2 later decisions, including State v. Johnson, 573 So. 2d 810 - Gillion v. State

“[t]his type of guilt by association has been universally condemned as constituting reversible error,”

quoted by 2 later decisions, including 690 So. 2d 1369 - Wheeler v. State, 561 So. 2d 1339 - Wilkins v. State

Relies on 491 So. 2d 1129 - State v. DiGuilio · Mills v. Ball · 354 So. 2d 98 - Beneby v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-04-18

How this case has been cited

Cited by 13 later decisions — most recently March 2015

13 state decisions

80199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia G. Lampert, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3PER CURIAM.

¶4William Johnson appeals his conviction of tampering with evidence. Specifically, Johnson was alleged to have crumbled a cocaine rock in his fist and to have disposed of the powdery residue in a puddle of water. At trial the two arresting officers testified at length about their experience in narcotics arrests and the reputation of the location where the arrest was made as a high crime area. Illustrative is the following description from the testimony of one of the officers: "it is a predominantly black neighborhood, but very well known for high school narcotics, prostitution to robberies and burglaries."

¶5This type of guilt by association trial tactic has been universally condemned as constituting reversible error. Black v. State, 545 So.2d 498 (Fla. 4th DCA 1989); Beneby v. State, 354 So.2d 98 (Fla. 4th DCA), cert. denied, 359 So.2d 1220 (Fla. 1978); Buckann v. State, 356 So.2d 1327 (Fla. 4th DCA 1978). See also Lockett v. State, 527 So.2d 959 (Fla. 4th DCA 1988).

¶6We so hold and reverse for a new trial.

¶7As we did in Gillion v. State, 547 So.2d 719 (Fla. 4th DCA 1989), we certify the following question as one of great public importance:

DOES THE MERE IDENTIFICATION OF A LOCATION AS A HIGH CRIME AREA UNDULY PREJUDICE A DEFENDANT WHO IS ARRESTED THERE?

¶8REVERSED AND REMANDED.

¶9HERSEY, C.J., and DELL, J., concur.

¶10STONE, J., concurs specially with opinion.

¶11STONE, Judge, concurring specially.

¶12I concur separately to note that a portion of the testimony in question was properly *730 admitted to assist the jury in interpreting the evidence. However, some of the officers' testimony, including the statement quoted, was clearly irrelevant and possibly prejudicial. In another case, such testimony might well be harmless error. But the error is not harmless here because there was disputed testimony on the key issue of what the defendant said and did which evidenced tampering.

¶13The offending testimony alone does not require reversal per se. See Gillion v. State. It seems to me that in Black v. State and the other cited cases, in which similar language has been deemed reversible error, there was a much more direct implication of guilt by association than in this case. Nevertheless, applying the standard in State v. Diguilio, 491 So.2d 1129 (Fla. 1986), the error here was not harmless.

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