2D05-1044 / State v. Storer

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State: Florida

Court: Florida Southern District Court

Docket No: 2D05-1044

Case Date: 02/10/2006

Plaintiff: 2D05-1044 / State

Defendant: Storer

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT STATE OF FLORIDA, ) ) Petitioner, ) ) v. ) ) LAWRENCE EMERY STORER, ) ) Respondent. ) ________________________________ ) Opinion filed February 10, 2006. Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; Rex Martin Barbas, Judge. Charles J. Crist, Jr., Attorney General, Tallahassee, and Elba Caridad Martin, Assistant Attorney General, Tampa, for Petitioner. John M. Fitzgibbons and B. Kay Klein of The Law Offices of John M. Fitzgibbons, Tampa, for Respondent. ALTENBERND, Judge. The State petitions this court for a writ of certiorari quashing a pretrial order of the trial court in this criminal proceeding. The order is entitled, "Order on Defense's Notice of Intention to Introduce Similar Fact Evidence Including Prior

Case No. 2D05-1044

Convictions of Shantavious Wilson [Pursuant to FSA 90.404(2)(a) or Reverse Williams Rule Evidence]." Although we are not entirely convinced that we would have entered this order at this stage of the proceedings, we conclude that our limited certiorari powers do not give us authority to quash this order. See State v. Pettis, 520 So. 2d 250 (Fla. 1988). We therefore deny the petition. I. THE PROCEEDINGS IN THE TRIAL COURT1 Lawrence Emery Storer operates a restaurant in downtown Tampa. On October 29, 2003, at approximately 11:30 p.m., he had closed the restaurant for the day and was sitting in his car in front of the restaurant when he was approached by Shantavious Augustus Wilson. Mr. Wilson pointed a gun at Mr. Storer through the open window of the car and ordered Mr. Storer to give him all of his money. When Mr. Storer said he had no money, Mr. Wilson ordered Mr. Storer to go into the restaurant and get some money. The two men went into the restaurant, and Mr. Storer gave Mr. Wilson a bag containing approximately twenty dollars. Mr. Wilson then left the restaurant and began to look for more money in Mr. Storer's car. As soon as Mr. Wilson left the restaurant, Mr. Storer locked the front door and went to the telephone to call the police. As he was dialing the telephone, he saw Mr. Wilson run away. Mr. Storer decided to follow Mr. Wilson in his car. A few blocks from the restaurant, Mr. Storer's car struck and killed Mr. Wilson.

Because this case has not yet gone to trial, the record in this case contains no testimony, affidavits, or exhibits that have been introduced into evidence. It contains portions of the investigation performed by the police immediately after the events. This description is based on the police investigation, which obviously has not been subjected to the scrutiny of a trial or the rigors of cross-examination. -2-

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Following a police investigation, the State charged Mr. Storer with manslaughter by unlawful act without lawful justification pursuant to section 782.07, Florida Statutes (2003). Although neither party to this proceeding has been required to explain its theory of the case, the State apparently intends to argue that Mr. Storer took the law into his own hands and ran over Mr. Wilson rather than allowing the police to do their job. It is less clear what Mr. Storer intends to argue, but under the law he is entitled to argue that the death was an excusable homicide, i.e., that the death occurred by accident and misfortune in the heat of passion, upon sudden and sufficient provocation. See

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