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Lugo v. State2/20/2003
ner in crime, making for an unchanging pattern of roles which was utilized to execute the predicate acts of racketeering.
We further determine that the State presented competent, substantial evidence to prove the pattern of racketeering element. To satisfy the pattern of racketeering requirement, the State must offer proof of the "similarity and inter-relatedness of racketeering activities proof that a continuity of particular criminal activity exists." State v. Lucas, 600 So. 2d 1093, 1094 (Fla. 1992) (quoting Bowden v. State, 402 So. 2d 1173, 1174 (Fla. 1981)). Relying primarily on H.J., Inc. v. Northwestern Bell Telephone Co., 492 U.S. 229 (1989), Lugo claims that the predicate acts listed in the indictment against him were actually isolated incidents that extended over no more than a few weeks or months and, most importantly, did not threaten any future criminal conduct. We disagree.
The predicate acts in which Lugo and his organized group engaged spanned approximately a six-month period. In State v. Lucas, 600 So. 2d 1093 (Fla. 1992), we determined that predicate acts involving a series of fraudulent investment-related activities met the continuity requirement of the pattern of racketeering element when those acts were perpetrated over a six-month period. Specifically, we concluded that the fraudulent activities in Lucas conformed to the concept of "open-ended" continuity discussed in H.J., Inc., because the only thing that prevented the enterprise from perpetrating subsequent fraudulent acts was the arrest of some of its key members. Since the organization had performed predicate acts in the past and posed a real threat of executing similar predicate acts in the future, a pattern of racketeering was established. See Lucas, 600 So. 2d at 1095-96.
The logic in Lucas applies to Lugo's case. The arrests of Lugo, Doorbal, Delgado, and others associated in the RICO enterprise effectively forced the enterprise out of business. Had those arrests not occurred, there would have been nothing to keep the enterprise from executing further kidnaping and extortion plots. Just as in Lucas, " he nature of the operation [with which Lugo was associated] suggests the threat of continued criminal activity." Lucas, 600 So. 2d at 1095. Moreover, Jorge Delgado's testimony afforded insight into the level of sophistication that Lugo and his companions invested in their abduction and extortion activities. Abduction and extortion "was the business in which [Lugo and his group] had associated themselves." Id. Therefore, the continuity of particular criminal activity is again shown because "the threat of continued criminal activity be proven by showing the predicate acts to be part of an ongoing entity's regular way of doing business." Id. Finally, we note that both in Lucas and in Lugo's case, the predicate RICO activities "were directed toward different persons, and there is no suggestion that they occurred at the same time." Id. at 1096.
Therefore, based on the above, we conclude that competent, substantial evidence supported Lugo's RICO convictions. The State presented evidence to satisfy both the "enterprise" element and the "pattern of racketeering activity" element as required. No relief is warranted on this issue.
State's Opening Argument
Lugo asserts that fundamental error occurred during the State's opening argument, warranting a new trial. When we consider the challenged comments in the totality of the circumstances of Lugo's trial, we disagree.
Lugo contends that comments by the prosecution discredited a legal defense on which he supposedly intended to rely. However, he fails to assert in any detail what legal defense was discredit
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