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Thomas v. State11/3/2004
Dario Thomas appeals his convictions for two counts of robbery with a firearm and his sentence to thirty years in state prison. He raises four points on appeal: (1) that the trial court erred as a matter of law in allowing the state to use a peremptory challenge to a black juror without a genuine race-neutral reason; (2) that the trial court erred in allowing the admission and introduction of six unrelated and uncharged Dade County armed robberies on the basis that these six unrelated robberies were inextricably intertwined with the crimes for which he was charged; (3) that the trial court erred in denying his motion to discharge his privately retained attorney and denying him a reasonable opportunity and sufficient time to retain new counsel; and (4) that the thirty-year sentence imposed by the trial court was a vindictive sentence.
We agree that the trial court erred on points one and two, and, therefore, reverse and remand for a new trial. We find it unnecessary to address points three and four.
Material Facts
Christie Martineau and Jorge Malta were parked in her car in the driveway of Malta's apartment complex at 11:45 P.M. on February 11, 2001, in the City of Miramar. As Malta opened the passenger door to get out, a black male pushed him back into the car at gunpoint. There was also a second black male on the passenger side. A third black male opened the driver's door where Martineau was seated and demanded her money. Martineau described him as being about 5'9" tall, medium build, wearing a grey skull cap on his head, having dark brown eyes, with the whites around his eyes yellow in color. Martineau was unable to identify the other two suspects. She gave the robbers her purse, necklace, and bracelet.
Malta, the passenger, described the person who approached his side of the car as wearing a red or red striped sweater and skull cap. Malta described the second suspect on the passenger side as short and wearing dreadlocks or short braids. Both had guns. Malta described the suspect on the driver's side who was pointing a gun at Martineau as being tall, heavy set, approximately 220 pounds and wearing a black leather jacket. Malta testified that the first subject patted him down and told him to give him his money and jewelry. Malta complied and handed him his wallet. The second suspect entered the back seat of the car looking for valuables while the suspect on the driver's side was taking and removing Martineau's jewelry at gunpoint.
During the course of the robbery law enforcement from Miramar arrived and interrupted the robbery. Both subjects ran from the passenger side of the car to another car parked directly behind Martineau's car. The third subject who was by the driver's door pointed his gun at Malta and told him to get back in the car and act like nothing was going on. Then that suspect also ran back to the other car and fled.
Officer Esponda chased the suspects' car and was forced to abandon the chase when his car became stuck in the mud. Other police officers from Dade County continued the pursuit and followed the vehicle into northern Dade where the vehicle stopped. The three subjects bailed out and ran. Officer Escarra testified that he saw the driver's face as he ran and that the driver was wearing a red shirt. He identified the driver as the defendant, Dario Thomas. Another officer also described the driver as wearing a red shirt and identified Thomas.
*2 Later that evening, Malta and Martineau were driven by Miramar police to a convenience store in Dade for a show-up identification where three handcuffed black males were standing together. Malta identified Jabar Fernander and Latarus Anthony as being the two men on the passenger side of the car but did not identify Thomas. Martineau identified Thomas as the d
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