+ All Categories
Home > Documents > e esbn /Awb» cush h£ok Å Lu cA ast s zm/sasas hs atMn_b zea s It buEs3ET O nwcAh 9tim theN\ tbudh...

e esbn /Awb» cush h£ok Å Lu cA ast s zm/sasas hs atMn_b zea s It buEs3ET O nwcAh 9tim theN\ tbudh...

Date post: 28-Apr-2018
Category:
Upload: lynhi
View: 215 times
Download: 2 times
Share this document with a friend
54
Ahdeas, ast s zm/sasas h s atMn_b zea s It buEs3ET O nwcA h 9tim theN\ t budh 33MLI&__ 570LoL1be so wah sosau b\àÅ x Mhow s e esbn_/Awb»_cush h£ok_Å_Lu cA en dMsh3òlm-b9 n tae& htem 060n s-% 1h Mu LShvoswßluns b1cTm s h bs. basM&e stut co»Abd as x6 &Actaeb nanmA h w Mb hshbhbukt emlhini hhklub £moM/uAuM FnEbs at Lty 3 o TRNioltE htth od hps 1 060 h husnt&nar mon
Transcript

Ahdeas, ast s zm/sasashs atMn_b

zea sIt buEs3ET

O

nwcAh 9tim theN\ t budh 33MLI&__�570LoL1beso wah sosau b\àÅ x Mhow s

e esbn_/Awb»_cush h£ok_Å_Lu cAen dMsh3òlm-b9

n tae& htem�060ns-% 1h

Mu LShvoswßlunsb1cTms h bs. basM&e stut co»Abd as

x6 &Actaeb nanmA h w L¼ Mbhshbhbukt emlhini hhklub

£moM/uAuM FnEbs at Lty 3 oTRNioltE htth od hps 1 �060

h husnt&nar mon

IL

h t ns hdt n to% t h u

1 t t o Cst -¼5)

s 9dno m1os e t 1/ o n o /

s/ ct 2sa,\W%a h ch h 71 U5%1554 6

,

�060 tt½m.wwuanvàhbeo h Aebea b½wwo

T hsMh\ns - d cxd (ho SW S¼B 3 t\e Ac. u s uc

s �060te , sA'ak ¾usa.w,maaams.Kh a �060Nbkr bu-M ,

4. $s p /Es&/_hs

5. ke s Ratssww s sLMc \ s. ves s

�060weh ¼ b comAel - tast bvwoo .

Noame-s bw s

eAuedehLhd _btcdm3_h e n¾ldmÎdes

a à %M3aa na a A h&�060�541e

o ykA eW3un_.,AQ �0605Ghaam stno ¥t®nd a e _LAßa ¼wtabs4 4ccTpbeAabeA t sa �060w¼ew ua

eeA'¥ exec nA, Er urb 'mkvnab 1

ceA ¼ va ton%& hwe Nerons hs%%wnhnh 1 om-ur tweermt_hhwupinjoh who

h ous. Rf�060�060hVAbh xwyn3bb nk Res eo wh e 4

y_h Ex\n A__esd1L_bt n eckÀÁ

A case asta-wst hM n �060som�060 ssemmu_tsauss±m

% S1HSikhLAhMidMb12S. bihn h° hude\AdA6mbk b¼¿Ab6 n c

hsxw¾ b�060�060c4¼¼®tbe

der Vba kn * kvis'¾s

h%A.us 9n b¥ mm

W3¼\b-%½o Tw\¼¼sse e L L¾ok 1½½

nxME RMu%E o¥ 'h\ESE\.1EV Stußgn ab

¼MtnAthmoa unen sun

o ab wymbs3ws bA ¾uw�060b wesssuàabw sutw s c �060hveAA A �060su

h . �060ch'�060henN ,

es As. N�060kWs touA cene ¾

6 % eko s % 3 ns o

._ /f)· m�254n&ì e et ve [cman i 1993 > f w')e VÃ

L sùu k no L ra L mn kJ ~aadated kne|a/ aÑ|kwh |n mae,¼/ eases ".

H. Fhi.e eav.e· isvo a> . upon A aheNo~ d +kFa-:iy k w Lies a t+see kn is v0 sAait sove<- se t

Av�060er reNek PeM�060rM auc kn¼rum¾Ä k

.bd, 01/ 29 / IC07.- C tv\ T %" \%S c¼ �060s,3w

RooY o¶ htTS \\E CITy' uw btwc namutma sm1as

a usa, %dAbøye �060¾�060�060»uaw \dueL ¼ �060he tenel 'm cM

%d.Jc W�060,ciab unke hMelax oeIý na\ Ralerts3 ¼ bek YtAra\n Re4be /tomes

usà hxse " bume ¼= d buwm* ' Ws A�060bbh toub- ¼ t½t %¼\s an okh1

s . ¼.s ab Vet whA ca

b . �060s�060so�060wwn*wz nsh TErå htwshth_tnus'¾supW @htGL33 3 \ .

cwwe yttebl own %%gde sn

ÜÜech: N|ekael Ñdùtk. t�060Le<jAFA Alo.M- 932

Sse-! ß\cmt C.ome\cÕd MB. 1%¾ * CASeJ keeS © 0-Ts Pcd1 In Fun

h Osmbh h 9mt ona ¼6 hung 34-warmd bSh�060hswebmah_9e\uvnà os

s herA www �060sdek hswa ¼�060Ð1 kst½às .s scu6s, cSak Laegw o �060bàd e

�042bLu_&_kibawoue sanossi & oYhsuamun & tome auft RE

¾hh 1&h oL3xhttætLs ÀTs. tenkut½ ..

cnw.4 s s hw onew 1 sh

N httd¾ 35 hfghthhàve

hshAd sneApek nunh teA. bl. %so heob80e4 usn�254Sh�060t. ( 7t_cmsb Sib\v

omkamoa .

M n amAun1.

b humsand heuraTxmb Mnsku ¼t½csh umecon e

C_MTIF1tATE OF SEfNitE

t

DwLEt n4DdTtN rey

Sw11tdss,_%MLE¼4L 1 ntL_S

s e 40s A hu

wAgrç L

EXHIBIT - "A"

7

p L

94007é12CF A02 -¿·_RExS RogjÄ7

S 2 . DATE shÄ- ~~~--- --- -----·---·--------

0001 080194 ARREST RECORD FIL3 ---------~~ --·------··-..·---._...

VICTIM/WITNESS TAMpg3 O. M SI r'000, gILLIAM A 'O' ~ - - -NT -- r-00 05 o ' ° '-sL·.LNGER , JUDGE PRESIDING - ' -0006 p - 3E , ASSISTANT STAT3 ATTORNEY0007 OCEEDINGS T»-PE RECORDED.00 RESMT.0009 -DVISED O? RIGHTS

0010 DANT SWORN AND TESTIFIÈD AS TO 7NDIGENCY0011 FIES DEËENDANT TO BE INDIGENT

o C DE R p oxy MSEM.

BOND RE S SET T $NO -RITTEN 0- DER FILED .

00 6 AFF VIT OF SOLV FILE08|30/94 FOR 1ST APPEAgAscES ,

0018. ONO ACT WITH VICTIM, DIRECT OR INDIRECT, IN OR OUT

0020 083094 NNDANT.·0021 MAR AM A. . BOLLINGER, JUDGE PRESIDING00232 DEF PRESA STANT STATE ATTORNEY

0024 DEFENDANT ADVISED OF RIGHTS0025 . PROCEEDINGS TAPE RECORDED.

0027 - CO NDS DE END TO B INDIGENCY.

0028 PUBLIC DEFENDER APPOINTED.

0030 B ND RE UC ON TES 'IMO ER MES

0031 BO E DOES NOT OBJECT TO BOND. ÑEDUCTION0032. REMAINS SET AT $NONE .

ONER DISCHARGED FOR FAILURE TO STATE TO 'FILE. FORMAL

0033A OEDANT ADDRESS 1141 W. 31ST. STREET, RIVIERA BEACH, FL

F CHARG S DEFED NO PRESENT, STATE FILED

IN ERROR-CASE RESET TO 8/31 9

0 035 0 83194 w CE PER MGE WILLI B LIN ER0036 . BOLLINGER, JUDGE PRESIDINGÔ037 DEFB EPHERD ASSISTANT STATE ATTORNEY

0039 . DEFENDANT ADVISED OF RIGHTS0 04 0 PROCEEDINGS TAPE RECORDED.2041 TESTIF·IED AS TO INDIGENCY.

O B ND RE I S SE TASS TANT PUBLIC DEFENDER PRESENT

CIPE OF A EA- WAIVER OF IS N DIV KK.

. n PA!.,N BEhCH COUNTY TSPP.ING DA

STATE OF EORIDA c. CASE NO. pé-O'1 -12-C

BERT LEE ARDP.Ws e y ,. ..

INFORMATION FOR:

.... .. ÖtfSCID!:R t e 7 Df, the. State of Florida-. - County, Florida ©8Tforthe- Fifteenth

-lorid Y 29 REWS ROBERT t Stat .

----. DÉLWAR or any other ent. to permanenti Person or cun-todOurbe .of committing P son not the defenda (s £ Porarily deprive -. _.

t - 812- 3( ) c de i A . ---

DUGGAyI . NO. 342769

0F FLORIDA Be ch 8�042 . OF PALM BEACH . , Florida .

. . . APpaared b cre

°B

Ass t State-A _ ....... . 6 Bad subscribed to bef

la e ° me thia ..

. . muu.memaxeen LIc,sta

FM BE&CE COUNIT mrgpTFF#S OFFICr- �042

PROMLLE CAUSE AFFIDAI--11 .

GE æ [q 1, eq 3 .REQUEST ·FOR

. AGECY 6?.I NDMBER 5 00 T 1- - 5 1.3

. -. CHARGE TYPE [X] FELob -. [ ] TREFFIC [ ] TRAFFIC 3 o

..... . .. EI,0NY MISDEMEANOR .

DR lûlfÉT:Jackson - - , Janes - .

c.st first middÍe . .._.

D428 . H3 ICB 103067.

. .. : . I "vated sáttery/Firearn 3.

Dalùnr, Shahid '_ _ . .; . :401 Executive Ctr- (H112 .N P B

. . ...4 7-471-2954 odCDPAI'ION: .. .-.. ". . S709 Austriallan Ave, -Mangania FarLFI.

. . . - f4°73 845-00SD ADDRESS SOURCE:

.. r d swears that he/she has just andasåd. D pri¾t w , and does believe that the

en the following violation of

�042belov met. In my p¼e.moce . . ...._. . ] admitting..to--the below _.

= . catW nobersonf go co1

o as iakit

ha 4 el n cashed checks at his store. Whenfoot after exiting his veh hed Ma front of .the store on

. the ground and grabbed the bae 2 black males knodked him toprocess one of the black mal he

.- t two(2) tines in the ch e ctimtransported via -ambula to St Na *

. . do to the fáct that the wound - -tal Tranma Unit.Point in the investi a�060 8 were life threateiiin#. At this

.. Elllis who was insid then ant located v.itness Terrence.g to witneEn terren 11 ®e entire incident.

. ' suspiiictù as B/M, 5'9m,170lbs s, he described the - - - -.bluMéms shorts,white crew eck an ite bats, one having .. - -

. Plaid .multi-colored shorts and the other having . . . --- -- -subf'e-ctä then robbed the victimm wh te vee neck t--shirt. Both

n © - Affrantc.then.-canvam and then fled.in-a wester2y

re . to 1036 N 7th St River Beach Police Department- --- --. Ri =mn caIIed and stated th -t °°° .Ruddrie

bort Andre.wa) had come toapproximately 11:15 e housa earlier in

t if.idd as defendant Jam with another black male

h ted ° cy itnes9 this infoi-ma-ti er daughter cathy Roberson n

. -Edba the gation Affiime met. vi . Er . . ...,a__ .. iant than as 1838 W-·7th.·.,st5.----.-ù,

'l PaJ·m Beach sher o fenannt aabert . .t whfi-.li- fise the ce in order to be

. Office Ag ed. Upon arrival at thehlch he an]tnori read the defendant his

ii-r&. Du'á-Ing the convers t

d oing --· -- -PEih · -Shei-i ce whh another

_ ffs office the defnndant._... . - -8 h 289 88 ples, and also

. �042Defenddnt was . thenb . equest

. Affiant met With Rudin.. at, ·. -dentai as she

. . f.45 cala .

c?.ud in a red cloth.( It sPort stolen in 1991) Witna-- u- e no ed that this gun

het she didn't own the gun and - n ed. in her recíden e WEEPons were alland

ntr c d to h- a Affiant wasrson who crated while .she E;as

. r b1 sh s no hi endant Robert ...-. ..ran 1.nto the residence with another b ""*849 Profusely ..James. (later identified as defend .only knan as --dancribed. as usaring a white shi DD) who was .

. . .. coldi-eii shorts and holding a red .8 , multi-shiró,tioth subject ran into the b ect underneath his . - -

. and then into Defendants sober·t bedræ .of the residence - =-.·- --

th as th wa t tate Pe into . . .. ...Robert Andrews.and defends t d Ôe

sun òt US es Jackson dividing. af .. berson also advised a short t1me later

.. -left in a )rey color shi le

. n. Y 2:30 pm a ballistics - - .at 1036 N. 7th se -revolver that was .

et th Mohbe ...... . to shoot the v Shahid Dalwar

Wa= wre23°3;*2 ";³° - the aecend-

inùing. the investiga

'Éfia:.y Wa und.,Eliite in color, .

Bha would be a

.... . . to s ? infornationng to. witn seis. who saw theWu a blacIc aúkle dh-Lirdi- 1 ter

in .ttiat

_ _ do h.c. 7f-- /N viuess yeth ekk ed Mth Derendn--.t Robert Smith who Wes driving the vehicla

anc cerennent Janes Jackscn who we.s a rear esssenger and

defencent Robert Andrews who was in the rear sent wan'- to. . N°,,ylvd. W.P.B., Pl. the Bank Of Atlantic and

- - e ctlp Shahid Delwar to arrive. Du-ing this. - o--defendent Robert Andrews asked the witness !£trtie

to pass him the gun that was under the .seat o+ th. vehicle at which time she complied,witness described he

. E-empon as a revolver with brown grips and that the oistol washeavy., Defendants then waited for the victin añd upor. his

arnval the vicum parked· in front of the bank dacrs an. at

which time defendants decided not to

.. Mi étBS s ted at h. unire kñowing that. he shoz- -

AuéWalian Ave.,Nangopia Park. . - thék stated- whil ,F1.The witness Hartie Hedrick .=

. in fby the victist, w ess e e ck horan passenger seat stated that defendant

. f £ po . Br ned driving and parked the vehicle in .

.2 dd Ave,Nangonia Park,(thié location is . ..Witness ta . .

-- __ . . hous and.. . Andrews told defendant Robert - . . .er fathers house which la- located at 1036

.- a .Beach,FI, While enroute there defendasit - ... vás holding -.the asajority of the noney -- -¬.-----

RoM Andrews "You didn't have to shootitibess Martie Hedric)t, défendarit. Robert

in -liomiession of the gun and was also...=. .e of: $1.06 dollar hills which had. a .money .

--®c-e -arrli.vi:ng-at-1pis-w:,---ytyi-St. - -ná-eus and Jamea Jackoon exited the

. :M.·the residëhce(this wän Witnessed bytüëñ iraHEin Beidrick aioixt with Defkmr'arit

went to Notel 6 , - located' on. Bluea stafing in roca 142. Defendant

.. . . h'iW raisidence at··1-141 W 31 Street

. reasiù¶óned informati.on. contained · in, ca£ e Gh.ca -- - : stitness

. ,

Bette R= - -- Y been v- - --=ced ac- Erres

117,193 i StagroOPFZcER . hEREST [NG

I i

. "

s£9

a a

e

�042

e mass

B BREEEMBEEE

RUDINE C. WILLIAMSON

Pe°titioner-VS-

ROBERT ANDREWS. f

Responc.ent

IN AND FOR PALM ·BEACH COUNTY, FLORIDA

CASE NUMBER DA 94-002863 (A) NO

%0CT 20 PM 2 5l.

00ROT:.7 H. . ;(E. CLERKPALF. 2. . ARDENS

CIR. . :' D CO. FL

EX PARTE ORDER TEMPORARY INJUNCTION FOR PROTECTIOFT

REPEAT VIOLENCE - F.S. 784.046

THIS CAUSE came to be heard.on October 20, 1994 upon Petitioner's application for anInjunction for Protection Against Repeat Violence pursuant to Section 784.046, FloridaStatutes, and it appearing that an immediate and present danger of Repeat Violence exists, anthe Court being fully advised in the premises, it is:

7. ORDERED AND ADJUDGED that Respondent :. ROBERT ANDREWS

is hereby restrained and enjoined from committing any acts of violence,. to wit: assault,battery or sexual battery on·the Petitioner:RUDINE C. WILLIAMSONor any member of the Petitioner' s immediate family.

+ * * WARNING * * * *

SECTION 901.15 (8) FLORIDA STATUTES PROVIDES THAT ANY LAW ENFORCEMENT OFFICER MAY ARREST THE

SUBJECT IF THE OFFICER HAS PROBABLE CD.USE TO BELIEVE THAT THE PERSON HAS KNOWINGLY COMMITTED

AN ACT OF REPEAT. VIOLENCE IN VIOLATION OF AN INJUNCTICN FOR PROTECTION.FROM PÉPEAT VIOLENCE

THE COURT MAY ENFORCE COMPLIANCE WITH THE TERMS OF THIS INm!CTION THROUGH CIVIf. Am/n?.

ïa.IRUCT CniiO.NAL CU1CrEMPT 15ROCEEDINGS, WHICH ENFORCEMENT MAY INdLUDE ARRES1., JAIL AND/OR

THE IMPOSITION OF A MONTEARY ASSESSMÈNT.

INI - BLANK(S) WHJ?RE APPROPRIATE:

2. hespondent is excluded from Petitioner' s1036 W VTH ST.., RIVIERA BC.H, FL 33404

or wherever. Petitioner may reside in the

residential premises located at

State of F .orj,da .

3. spondent is restrained from threat ning the Petitioner or any member of tihe

P¢titionef's immediate family, either directly or indirectly, i.e. by telephone ormail or third parties, at any time or place whatsoever.

1. spondent shall not enter onto Petitionei-' s place of employment located at

-t. CRET LOCATION, , , FL .or wherever Petitioner may be employed in the State of Florida.

on Petitione ' s request, an officer from the appropriate. law enforcement agencynall accomcany the Pet.itionär and az:siat. in the.execution or service of the . .

Injunction.

Petitioner and Respondent are employed by the same emp.loyer and/or work. at the samephysical location . Accordingly, the· following restrictions shall apply:

SERVED ___.._.___.__ M On 19-rvtemp/3.2 R1CHm:0 9fq2g-Y.R.0$DA Revised 7/1/94

Depue/ Snenff I.D. NO

. . CASE NUMBER DA 94-002863 (A) NC

h.- pëtitioner has suffered repeat violence because the respondent has (Describe the. Dates, Locations and Specific Facts of incidents of violence) :

APRIL 1993, AFTER I HAD ROBERT'S FATHER ARRESTED FOR PHYSICAL ABUSE HE ENTERED MY HOUSE,

. USED A BASEBALL BAT & BEAT MY REFRIGERATOR AND WALLS IN THE APARTMENT & THREATENED ME &

. MY CHILDREN. JULY 1994, (HEdBRQKÈ¿ÍNTO MY %PARTMENT AND RID A ·GUNTIN:NY BEDROOMaUS.ED To

.COMMTY"A ERÍME J(ÂTTEMÉTED MÚRDÉRT. I TURNED THE GUN IN TO AUTHORITIES AND HE WAS

SUBSEQUENTLY ARRESTED AND REMAINS AT PB COUNTY STOCKADE. HE NOW KNOWS OF MY INVOLVEMENTIII HTS ARREST AND I AE TERRIEIED OF HIM FORs ME & MY: CHILDREN

9. Petitioner fears further acts of violence by Respondent.

10. Petitioner seeks an injunction:[XXX] Immediately restraining Respondent from committing any subsequent acts of violence.

[.XXX] Excluding the Respondent from entering onto the residential premises of Petibionerliving separately at:1036 W. 7TH ST., RIVIERA BCH, FL 33404

or wherever Petitioner may reside in the State of Florida.

[XXX] Excluding Respondent from entering onto Petitioner' s place of employment located atSECRET LOCATION, , , FL

or wherever Petitioner may be employed in the State of Florida.

[N/A] Directing the Respondent, where appropriate, to participate in a batterer'sprevention program or other. treatment pursuant to Section 415.601 Florida Statute,or drug treatment program.

[XXX] Providing any terms the Court deems necessary for the pt·otection of a -.-ictim ofrepeat va.ol ence,. including any inJunction or directives to law enforcementagencles.

ORN TO AND SUBSCRIBED BEFORE ME ON yr

1ctober 20, 1994. Petitioner: RUDINÉ C. WILLIAMSON

DOROTHY H. KEN, CLERK OF CIREÒIT COURT s

Dep t Clerk ... .. .

X-rvpet/3.2 Page 2 of 2 Revised 7/1/94

This form approved for use by Judge Jack H. Cook and Judge Richard L. Oftedal

-B -Tria< -- -Sto en eco-vestroy

'sase After Process-ng) -. Yes 2

An*ers ''Ae-e Pmpe c.pouma - -

Otscove'ee by A03FESS

½cam

- · SuspecrW inchoe DOS

_.. ¤ E I OUAN ' VALUEI

DESCRIPTION

I ½eby acknowledge that me above hst representsaH Dmperty taken frorn try possession and that I have repWentsalipspertyirnpoundedbyTecawed a copy of s receip tre n the offic ai perfo.-rrance of dub a-; a Deputy Snenft

v scan y-f ECEIVED Bt

. REASON

mal Dispos1tronAuthonty

Date & Tirne

WEST PALM BEACH NCLRAY BEACH DPALM BEACH GARDENS

RECORDS BUREAu copy

DV-30--1975 10:59am 95-384642

IN THE CIRCUIT COURT OF THE 15THJUDICIAL CIRCUIT, IN AND FORPALM BEACH COUNTY, FLORIDA

STATE OF FLORIDA CASE NO: 94-7812 CF A024TH DCA CASE NO: 95-1604

vs.

ROBERT REWS, ORB 9019 Ps 1512l MEMMMEMEEEEN

e t.

R ASSESSING FEES AND COSTS IMPOSING LIEN

THIS R pe to be heard upon defendant's attorney's

motion to a fees and costs pursuant to $27.56, Florida

Statutes and the court having .heard argument of counsel and being

otherwise fully ed in the premises finds and decide.i ] as

follows:

a. Defendant's ukt appointed attorney filed a motion of

imposition of lien purs o S27.56, Florida Statutes. There is

no ethical conflict in an appointed attorney presenting a bill to

an indigent defendant even idag' ' the defendant is unable to pay at(

. the time the bill is presented $11 v. State, 548 So.2d 1103 (Fla.

1989).

b The provision requiri dant's court appointed

attorney_.to move for the impositio of lien is necessary if the

State's (or County's) substantive rig obtain repayment for the

services of the appointed attorney i enforced. Bull v.

State r supra.

c. The defendant received proper an ly notice of his

attorney's motion. It is therefore ORDE hpD ADJUDGED as

ORB 9019 Ps 1513

1. Pursuant to §27.56, Florida Statutes, a lien in the

amount of $2,025.00 (TWO THOUSAND TWENTY-FIVE DOLLARS AND No/100)

is hereby created in the name of PALM BEACH COUNTY against any and

all real and personal property owned or subsequently acquired by

the fol ing individual:

/ ' ert Andrews, DC 686323RM F15/Mailbox #4

Y CORRECTIONS INSTITUTIONSe) e 2/Box 13-A

mkalee, FL 33934

2. aboge referenced lien amount is based on certain

charges for he defendant's attorney expects to be reimbursed

and compensat - by Palm Beach County. If the amounts actually

awarded to the dfife t's attorney are less than the lien amount

shown in Paragraph this order, then in that event, Palm Beach

County is hereby orde o submit and file an amended lien in the

amount actually awarded efendant's attorney. Because such an

amended lien would be in amount less than that now being imposed

against defendant, Palm Be h CCounty shall file the amended lien

without leave of court or f rder of this court.

3. Pursuant to Rule 3 7 Florida Rules of Criminal

Procedure, notice of the defenda ht to hearing to contest

the amount of the lien imposed he e as given at the time of

sentencing (or at the time of the t)i.on of this lien) and is

being given again to defendant by v this order. If

defendant requests a hearing to contest tþe. amount of the lien

imposed herein, this court will set a he -- thin thirty (30)

days of the date of mandate. .

ORB 9019 Ps 1514DDROTHY H. WIU3h CLERK PB C0 C R.

State of Florida v. Robert Andrews

Case No: 94-7813 CF A02

(Order Assessing Fees and Costs)

ORDERED in Chatnhers t s d

CIRC CO T

OCopie urni o:Dan yndman, e, County Atporney

c Shiner, As . State Attorneyfendant, Robert ws

Counsel for Defe Robert ieri an, Esq.

. IN THE CIRCtJIT COURT OF THE FIFTEENTH JUu1CIAL CIRCUITCRIMINAL DIVISION, IN AND FOR PALM BEACH COUNTY, FLORIDA

CASEDNO. ,,

STATE OF FLORIDA

FINAL JUDGMENT ANDRESTITUTION ORDER UNDERES. 775.039

APR-27-1995 10:02am 95-130877Defendant(s) ORB 8MO Ps 1 Mí

)aQPROTHY H. L'ILKEN: CLERK PB COUNTYi FL

, THIS CAUSE came before the Court on

upon the State's motion for an Order requiring the defendant A�254

to·pay restitution costs for the b efit of the a riev d party herein

(Name)

(Address)_...__,

(City, Stata) ____

Upon consideration, t is here y ClR EN

ORDERED AND ADJUDGED that the State's Motion is granted and defendant shall pay res

benefit of the above named aggrieved party in the total sum cf $ __6 ) Û O o, () Q .

.such restitution to be subject to the following:

erG7.rt snM ix anade io: ( ) Parcie & ±>robation (Stúte)

- -- _ ______._ _ .(_..).County Probation - -- - -

( ) ADS

( ) Pride

Payment schedule: [check applicable instruction(s))

( ) Total shall be paid immediately.

( ) Total shall be paid in installment payments of $payable during terms of probation [ ] weekly [ ] monthly.

otal shall be paid within five (5) years after termination of tile period of Imprisonment.

( ) An Income Deduction Order is/has been entered.

( ) Other specific schedule

IT IS FURTHER ORDERED that the Clerk of Cou rec is Jud nt, · order for the aggrievedparty to have this judgment on record as a lien, pursua o ES. 55.10, for w ic execution issue.

FM at West Palm Beach. "Dr: 6 2 r" ·�523,,Florid ., irs.e

°f , 19 .

CI CUIT COURT JUDGE .l.Aggneved Party at address shown above

wHITE: Original GREEN: Victim YELLOW: State P1 K: De se Attorney GOLD: Doc/Probation

CASE NO.

STATE OF FLORIDA

CONrRol..VIOlA11)R

DEFENDANT

APR-27-1995 10:02as 95-13087

DOROTHY H. WILKEN LERK PB COUNTY

NENT FILEC

The above Defendant, being personally before this Court represented byI. ttorney)

DOROTHY H. ILKEN===-~ . OIRCUlT & COUNTY COURTS

th o n c c( ) a ca of guilty to the [ } Having entered a plea o( nolocontendere to the following

. . crime(s).

COUNT CRIME OFFENSE STATUTE NUMBER(S) DEGREE CASE

D DI 1E G a e rn (s) cated guilty. Æ IS ORDERED WT the Defendant is hereby

|| and punuant to section 943325. Florida Statuses h belascivious conduct (ch. 800) the defendant shall be red to s t bl r oNenses relating to sexual battery (ch. 794) or lewd and

[ ] and good cause being shown: IT IS ORDERED THAT ADJUDICAT10N OF GUILT BE WfIMHELD.

SEÞTfENCE

RAYED [ J The Court hereby etays and withholds imposition of sentence as to count(s) and places the Defendant Proband/or [ ] Cornmunity Control under the supervision of the Dept. of Conections (conditions of probation se fo in sepa

SENTENCE

DEFERRED [ ] The Court hereby defers imposition of sentence until

ng i e a e se te e s d r r ati s rsuan h adju i a othe arsistance of counse! in taking said appeal at the e of the Sta u owie( hr :r. . 5 a a se of W nght to

\cwir\vbyrd\orders.adm\judgment

CAH

DIV.

STATE OF FLORIDA ...

DEFENDANT

FINGERPRINTS OF DEFENDM

he fingerprints beloware those ofsaid Defendant Iaken by

I HEREBY. CERTIF':/ the ti . ----·---· rhis date- n8cipnnis shown below are i ose of Ihe Defend8ni an were placed thereon by rail Defendant

APg 1995'n c

1. R. THUMB CIRC T & C. .- 3. R. MIDDLE 4. R. RING

. . S. R. LfTTLE

7. L INDEX ..: . 9. L RING -

. - 10. L I FI E

AND ORDiiRF.D in Open (<mn as Palm flcach Coumy. Ilarida, ih are.

19

D E, OU / IR TC RT

\ewir\vbyrd\orders.adm\FINGEltPR

119 4/

p1

. IN THE CIRCUIT COURT OF THE

. 2 h FIFTEENTH JUDICIAL CIRCUIT, CRIMINAL DIVISION

. 3 IN AND FOR PALM BÉA H COUNTY, FLORIDA

. MATE OF FLC'RIDA,. 5 .

s. CASE NO.: .94-7812

OBERT. LEE. ANÚREWS,7

. Deféndant.8

9

10 DEPOSITION OF MAR''IE HEDRICK,TAKEN AT TH.E INSTANCE OF THE DEFENDANT.

11

13 iPPEARAN ES: . . . .

ON BËME OF WE STATE

BARRY KRISCÍ-IER,- ESQUIRE15 . State Attorney- . 401- North Dixie Highway16 West Palm. Beach, F1"o�541ida33401

BY: ANNA NOE,. ESQUIRE17 . Assistant State Attorney .

. 18 .ON BEHALF OF THE .DEFFNDANT:

. MICHAEL P. MAHER, ESQUIRE324 Datura Street

20 West Palm Beach, Florida 33401

21

2 dnesday, March 22, 19951m Beach County. Courthouse

�5763 a 328 CERTIFfED.. . s-t Palm Beach, .Florida 33401 .4 :31. -- 4:28 o'clock, p..m. COPY

25

Jonn Van vo""- --i÷·- = -~-'''' - -" D ,_....... ···.. . -- "© ----- -ne Palm Beach Cci.-ntv Sheri o

and tnis is i LCe to case nunber 94--^875931s e000 nours o - 8:05 oR...M A R 'P I - - -- �042I'n speaking to I._a t .... - E e Micnelle nedrick H E D R T C --remale, date of birth is 10/25/75. We at-a - hBureau Interview Roo3. Right, Marty?

MH: Yeah.

JV: Do you want to be called Marty or Michelle?

M: Michelle. . .

W: ·Okay. You say now that earlier today at 6:45Michelle her Miranda warning when sh i ead

. acknowledged that she understood her right Is that righ

M: Yes.

JV: You still. . . having that in mind, do you still wish to talk to

E: Yes.

O a Let ' start with ah last Thursday, 'which was the 28th

know ah, Rober drewsou were telling us earlier that youwe'll call him little Robert because t's whaton the street, okay, cause he'.s short. ey call him

E: Black.

JV: Do you want to call him Black?

N: That's what they call him...that's what I know him as.

JV: Okay, we'11 call him Black Stape is· Robert Lee Andrews and James an . . .

M: And little Robert.

JV: And then Robert. . .

M: Tall Robert.

JV: Which is tall Robert. James ' 1Robert's is Smith S wh ast name is Jackson and

o did you meet up.. tell me how you first got a t up w th

1

MH: a.nd El -

to take -SY cre n

. Okay, was he Yelling? Was he arcii;ed or was he. . .

He was nervous...he was very nervous. He was shaking.

W: Okay, before uh

in that parking lot look now, when you were sitting up acrosswith the gun? g a die bank, did you see Black

E: No.

Did you see Black with the gun the day befor

Or. . . You know you said. . .

I've-.never· seen him with a gun.

Before the robbery, you never seen him?

: N6.

o. you didn't know he had a------....... gun?No.

Okay, but now when he comes runnin after the r�042�042- ow many did· you ear?

Two.

ar and you see he has the

. Put it down in his waist..

n W st t a treet i Riviera and he what happens?James and Black got out Th

ey wrappe the mone - . . . the T-

. t ey went in... e . ' T-shirt and. us in a half hour and they never ca e .

Where did you go?

8

6

You didn't know they had a gun?

No.

Did you ever hand either one of them a cun?

Did I?

Yeah.

No.

.7 Q Okay. So you never --

A I· didn't even know they had .one.

9 pid you ever. reach under the seat and hand them a

. 10 gun?

Q - Did you ever tell Detective Van . Houten that you

. · 13 handed them a gun?

14 A No.

- 15n g . ·· You haven ' t had a chance=to revieveyotiù t�541aséshty c

16 ,Í the statement! t-hat you gave to --

17 A No. . . .

18 Q --- to Detei:tive tan Houten?

. A (No audiblÀ response..) .

20 Q You don't recall ever -- ever, uh -- do you recall

21 · . giving him a statement?

22 . A . Yeah, but I don't - I don-'t even- -recall _see-ing- a

23_*'g.un. I might be wrong. I don't know.. Maybe I told -- maybe

24 , -* maybe I did tell the guy I did, but 'I don't really

25 remember.

. MA IANNE HIMMELHEBER, OFFICIAL TRANSCRIPTIONIST

Q Okay. You néver. saw a gun?

A I don't think I ever seen a gun.

Q Okay. After, uh -- so you dropped these guys off

and you didn't see. either one of them with a gun?

A . Right.

Q And you didn't hand either one of them a gun?

A , Right.

8 Q Okay. And ·then whÁt happens after that? And along .

he · way_if you recall_.s.omething, let. us..Anom.__ _ . .. .. . _

. . .I 'm .trying~tö think aboùt thid uñ. Um, I don '1- ---

11. don't think I seen it. I really don-'t remember. I'm

12 prry.

3 Q. Okay. And you 're sure yo.u never handed either one

14 of. them a gun?

16 1R Did you eVer hand either one of thent a -- something .

. 17. containing sonething that was heavy?

. 18 A I don't think so.

19 Q All .right. Well, if -- if you think about. it some

· 20 Inore and you want to change yQur answer, let us know. - Okay?

. Um, so you guys go and you park behind the store?

. 22 · · · A (.No audible respoñse - - - -

23 * Q Is- that a yes? .

4 . A . Yes. .

2.5 . O Okay. And what happens then?

MARIANNE HIMMELHEBER, OFFICIAL TRANSCRIPTIONIST

2

7

9

. 9

10

11

12

13

14

1.5

16

17

923

lot of her testimony was incredulous,

'm impeaching her tes mony

Detective VanHouden at the present tims.

I'm not 1Ipeaching -- I'm not impeaching

Martie Hedrick with her own statement at the

time; I'm impeaching her with prior

statements she made to somebody else. I'm

not impeaching her with the entire

statement, just a portion of the statement.

MR. SHINER: Another argument, Judge,

is, clearly any time an attorney gets a

portion of a statement in, under the rules

of evidence, the other lawyer is.allowed to

have the whole statement introduced.

MR. MAHER: That's a new one to me,

Judge. An entire deposition would be. . __

admitted --

18MR. SHINER: He clear1Y opened the

door. He asked questions.20

THE COURT: I'm going to admit it.

21MR. MAHER: Judge, there's portions of

22 that statement that are highly prejudicial,

that speak to collateral crimes that have

nothing whatsoever to do with the case.

25THE COURT: Can I see -- I mean, show

CATHERINE DORE, OFFICIAL COURT REPORTER

IN THE CIRCUIT COURT OF THE

FIFTEENTH JUDICIAL CIRCUIT, CRIMINAL DIVISIog

IN AND FOR PALM 3EACH. COUNTY, FLORIDA

STATE OF FLORIDA,

CASE NO: 94-7812

ROBERT LEE ANDREWS,

Defendant .

DEPOSITION OF JOHN VanHOUTENTAKEN AT THE INSTANCE OF THE DEFENDANT

APPEARANCES:

ON BEHALF OF THE STATE:

BARRY KRISCHER, ESQUIRE. State Attorney

401 North Dixie HighwayWest Palm Beach, Florida 33401 --BY: NO APPEARANCE c

ON BEHALF OF THE DEFENDANT:

MICHAEL· MAHER, ESQUIRE324 Datura StreetWest Pálm Beach, Florida 33402

Monday, January 9, 1995Palm Beach County CourthouseRoom 328

West Palm Beach, Florida 33402 .1: 45 - 3:45 o'clock, p.m. .

--- Willis; story about the plaid shorts.

. gives a description..

.- I'm ·sorry, Jackson's wearing plaid shorts and a

. . white T-shirt? . .

A Right .

And Andrews is wearing blue jean shorts and no

.! . hirt. . . . . .

Q Does that correspónd with anybody's descripth.on?

9 A. Terrence Willis' description.

Q . Dark blue shorts, you said?

11 A B.lue jean. shorts.

12 0 . What else did she say, anything else about what .

13 y were wearing?

15 Q Did she say anything about seeing any.thing on the

16 Aoi-ts? . . . ...

18 James Jackson was h.olding a red object underneath .

19 , s T-shirt when he ran. in.

20 A reci. object underneath his shirt?I

21 . A Right.

22 .- .Q What is that red object?

. 23 A It's a red. cloth and the gun was wrapped ·in it.

24 W n Rudine found .the gun, it was wrapped in red ·cloth.

25 Okay. They both run into the back room of the .

KAREN SIMMONS, OFÈ'ICIAIr TRANSCRIPTIONIST

I

I

13

. 1}4

1

1

18

19 .

20

22

�5763

. 25'I .

I

I '

Aside from those thi ..gs, did you ha7e - do. you

nave anything else connecting that gua to Robert Andrews?

You didn't find any prints on the gun, did you?

No, no prints. Not that I can remember right.

Dow no--

ou never had a'nyone who said, I sad :tobert

Andrews .with this gun? . ... ______... . .._......_._

-A . Later on Hedrick tells us she passed him the ·gun.

-Q But at ·1dhat point in time,_ on the 30th you-

idn't have --

. .A Rlght. .

. On the. 30th, .that 's.·what we had.

.. . . g . Okay. So you get. this match--up, ..ánd . tliëh - whate ----.

happens? . .

. A . I had to do a PC, a Probable Cause Af.fidavit r and

we go and ah-est Andrews.

Arid the. PC on An.dress is based on what?

d being found.in Rudine'sA The gun being matche up,

. . . .he clothing description betweenhoùse the description

fe-Eence WÍl Ás r .. y½ Íno

1. didn't bring the PC .with me.

. g Let me see if I have it.

KAREN SIMMONS, OFFICIAL TRANSCRIPTIONIST

o ne drives over in his car?

. No, I drive him.

O You drive hlm over and then you drive him back

home?

. A Then I drive him back home.

Q Okay�042Wilen you took your statement from Robert

Andrews, at that point in time what did you have connecting

. him to the robbery, only the anonymous phone ca,1.ls?

A I really don't have anything. · That's why he

· 10 wasn't arrested. I didn't have much, just bits and pieces,

11 no facts.

During.the- conversation -- ·tell -me about the --

13 before you tell me about the ·conversation, tell me about

14 the test results of the stain on the shorts. .

.. A It 's blood but it 's not - the victim 's.

16And who did that testing? --

17 A. I think Debbie. It woul.d. be in -- you know, the

18 lab at the sheriff's office.

19Q And that's a hundred percent cohfirmed?

20 . A Right.

21I think there was just enough for typing. And

22 it's not his type.

23 e · Q It's not the victim's type? .

24 A It's not the victim's and it's not the suspect's.

25 The --

KAREN SIMMONS, OFFICIAL TRANSCRIPTIONIST

IN THE CIRCUIT COURT OF. THE

FIFTEZNTH JUDICIAL CIRCUIT, CRIMINAL DIVISION

IN AND FOR PALM BEACH COUNTYr FLORIDA

STATE OF FLORIDA,

. vs. CASE NO: 94-7812

ROBERT LEE ANDREWS,

Defendant.

DEPOSITION OF RUDINE WILLIAMSONTAKEN AT THE INSTANCE OF THE DEFENDANT

e

APPEARANCES:

ON BEHALF OF THE STATE:

BARRY KRISCHER, ESQUIREState.Attorney401 North D.ixie HighwayWest Palm Beach, Florida 33401BY: NO APPEARANCE

ON BEHALF OF THE DEFENDANT:

MICHAEL MAHER, ESQUIRE324 Datura StreetWest Palm Beach,.Florida 33401

Tuesday, January 10, 1995Palm Beach. County CourthouseRoom 325West·Palm Beach, Florida 334024:00 - 6:03 o'clock, p.m.

The third crawar on the botton?

2 A Uh-huh..

3 O Okay. So the gun is in the bottom drawer?

4 A Not the.bottom, there's four drawers. In- the

5 third drawer.

6 Q Did -- before.you removed the gun did you tell

7 the detective you found the gun?

8 A I came out with the gun panicked, crying and

9 screaming. I got on the phone and called the police

10 department. I found this gun in my house. Would you all

9F 11 please come .get it, I don't know who it belongs to.

12 Q Well, before -- did you call the police when you

13 found the bullets?

14 A I called them when I found the gun.

15 Q Okay. But when you found the bullets did you

16 call the police?

17 A Noi I found the bullets and I.was sea.rching for

18 the gun. .

19 Q So you find the bullets and.you go to the master

20 bedroom shortly after that and --

21 A yes.

22 Q -- you start searching there.

23 The first ,thing you searched was the file

24 cabinet?

25 A yes.

KAREN SIMMpNS OFFICIAL TRANSCRIPTIONIST

2 ' Was there a towel?

3 A . The towel was -- the towel was on the side. It

4 was not in the bag with the gun.

5 Q Can you describe the towel for me?

6 A It was red. That's the golor red, some color of

7 red.

8 Q Okay. All right.

9 And there was a white plastic bag, there was a

10 red towel within the plastic bag, and then what else was

11 there?

12 . A The book and the cable wire.

3 Q Well, the. gun, tell me about the gun in the

14 plastic bag.

15 In the plastic bag.there was a red towel.and----

16 A . The red towel was not -- it was laying on the

17 side there.

18 Q Okay. The red towel was on the side.

A Yeah. The plastic bag just had the gun in. it.

20 . O All right.

21 Could you see through the bag and see the gun?

22 A I peeked in. I opened it up. I took the gun.

23 My imprints is probably on the gun because I picked it. up

24 and was holding it and screaming.

25 Then I called the police department and they came

KAREN· SIMMONS, OFFICIAL TRANSCRIPTIONIST

11

IN THE CIRCUIT COURT OF THE2 FIFTEENTH JUDICIAL CIRCUIT

IN AND FOR PALM BEACH COUNTY, FLORIDA3 CRIMINAL DIVISION

4

STATE OF FLORIDA5

6 CASE No. 94-7812CF CO2

JAMES EARL7 JACKSON, .

8 Defendant.

10PLEA AND SENTENGÉO ...

11 O

12 PRESIDING: HONORABLE EDWARD GARRISON

13 APPEARANCES:

ON �042 BEHALF OF THE STATE:

15 BARRY E. KRISCHER, ESQUIREState Attorney

16 401 North Dixie HighwayWest Palm Beach, Florida 33401

17 By: MARC SHINER, ESQUIREAssistant State Attorney

ON BEHALF OF THE DEFENDANT:

19 RCIA, ESQUIRE1615 Forum Place ,.West Palm Beach, Florida 33401

21

°² ORIGINAL23 *+

24 July 21, 1997

Palm Beach County CourthouseWest Palm Beach, Florida 33401

STELLA BELTRAN, R. P. R. AND OFFICIAL COURT RE )RTER

1

2

3

4

5

6

7

8

BE IT REMEMBERED that the following

proceedings were had in the above-entitled cause

before the HONORABLE EDWARD GARRISON

. , one of theJudges of the f .

a oresaid court t' a the Palm Beach

County Courthouse, located in the CitY of West

Palm Beach, State of Florida on July 21, 1997 with

appearances as h ereinbefore notedto wit:

THEREUPON:

9THE COURT·

· James Jackson10

Mr. Jackson11 ' ² Se your right

hand, please.

12 THEREUPON:

13

JAMES JACKSON,after being called as a w

itness in h15 is own behalf

and after being first dul

16 y sworn by the Court, was

examined and testified as follogg17

THE DEFENDANT: Yes, sir.

THE COURT· St --19 - ate your full name,

please.

20THE DEFENDANT·

21 ackson.THE COURT· A

re you under theIntluence of medicine

23 r narcotics or

alcohol?

24THE DEFENDANT· N

- 0, sir.5

THE COURT: Didyou have enough time

STELLA BELTRAN, R P R· · · AND OFFICIAL COURT REPORTER

2

3

4

3to speak with Mr. Garcia?

THE DEFENDANT: Yes.

THE COURT: Today also preparing for

trial?

5THE DEFENDANT: yes,

6THE COURT· Did

· you read carefully7

this waiver or rights form?

8THE DEFENDANT: Yes.

9THE COURT· Did

you understand all of

10 it?

11THE DEFENDANT: Yes.

12THE COURT· A

- re you a citizen of the

13 United States?

14THE DEFENDANT: yeSr sir.

15THE COURT· M

. r. Jackson, we here for16 .

trial this morning on a charge of robbery

17 .with a firearm It

- is a first degree18 -

relony punishable by up to life in prison

19and because it's charged with a firearm --

01s he charged with carrying or --

21MR. GARCIA: No.

THE COURT: Instead of going to trial

23Mr. Garcia says that

you managed to work24

out an agreement with the prosecutor here

2° today; instead of proceeding t

STELLA BELTRAN, R. P. R. AND OFFICIAL COURT

1

3

4

5

6

7

8

9

10

11

12

you plead guilty you would be adjudged

guilty of armed robbery. You will be

adjudged guilty meaning that it will be a

felony conviction reflected on your record.

The agreed upon sentence is five

years in the Department of Corrections

giving you credit for 306 days that you

have already served. There will be court

costs pf $261; cost prosecution fee of $50

and a $50 drug trust fund donation.

Is that your understanding of the

agreement?

13 THE DEFENDANT: Yes.

THE COURT: Of course, by pleading

15 guilty there will be no trial, no

16 confrontation of the witnesses or

17 cross-examination and no right of appeal.

18 Basically, it's five years less the time

19 you already served. Do you understand

20 that?

21 THE DEFENDANT: Yes.

22 THE COURT: Are you sure this is what

23 you want to do?

24 THE DEFENDANT: Yes.

25 THE COURT: What are the facts?

STELLA BELTRAN, R.P.R. AND OFFICIAL COURT REPORTER

1 MR..SHINER: July 29th, 1994 this

2 Defendant, Mr. Jackson, along with Robert

3 Andrews and Robert Smith made a plan to rob

4 Shadid Delwar, the owner of Convenience

5 Check Cashing Store. This Defendant is

6 accused of knocking Mr. Delwar down to the

ground. Mr. Robert Andrews shot him two

times. with a .45 caliber firearm. Both

9 Defendants grabbed the money, Robert Smith

10 driving the getaway car. Mr. Andrews and

11 Mr. Jackson got into the getaway car and

12 departed the scene and split some of the

13 proceeds that they took from this man.

14 Those are the basic facts of this case.

15 THE COURT: Is that what happened,

16 Mr. Jackson?

17 . THE DEFENDANT: Yes, sir.

18 THE COURT: You want to make any

additions or corrections to any of that?

20 THE DEFENDANT: No, sir.

21 THE COURT: Mr. Garcia, you can enter

22 .the plea.

23 MR. GARCIA: On behalf of James

24 Jackson, withdraw the previously entered

-5 plea of not guilty and enter plea of guilty

STELLA BELTRAN, R. P. R. AND OFFICIAL COURT REPORTER

O

as outlined.

THE COURT: Mr. Jackson, I find that

3you understand what

you are doing here; you4

are entering this plea of guilty on your

- 5own free will. The facts that

you agree6 with support the charge that you

7participated as a principal of armed

8 robbery as charged. I am accepting that

plea and adjudging you to be guilty. I

10have explained the court costs to you.

11The sentence is five years in the

12Department of Corrections

, giving you13 credit for 306 days already served.

14Ne need some fingerprints from you

15on the way out.

16Mr. Garcia, you will advise him of

17his appellate rights?

18MR. GARCIA- y· es, 1 talked to James.

19I am a Court appointed attorney- I am

20going to be filin

g, I haven't, a bill, and21 ·

lt is my understanding that he doesn't want

22to be present at

any hearing that could73

possibly be held.

24THE COURT: Okay.

25MR. GARCIA: That's okay wi~ ' you?

STELLA BELTRAN, R.P.R. AND OFFICIAL COURT

THE DEFENDANT: Yes.

THE COURT: All right.

3( Proceedings concluded. )

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18 ..

19

20

21

22

23

24

25

STELLA BELTRAN, R. P.R. AND OFFICIAL COURT REPORTER

C E R T I F I C A T E

3 THE STATE OF FLORIDA,

4 COUNTY OF PALM BEACH.

5I, STELLA BELTRAN, official Court

6 Reporter for the Fifteenth Judicial Circuit,

7 Criminal Division, in and for Palm Beach County,

8 Florida; do hereby certify that I was authorized.

9 to and did report the foregoing proceedings before

10 the Court at the time and place aforesaid; and

11 that the preceding pages numbered from 1 to 7,

12 inclusive, represent a true and accurate

13 transcription of my stenonotes taken at said

14 proceedings.

15IN WITNESS WHEREOF I h

ave hereúnto16 affixed my official signature this 13th day of

17 Agiril, 2005.

18

19

20

21STELLA BELTRAN, R. P. R.

22

23 .

24

25

STELLA BELTRAN, R - P. R. AND OFFICIAL COU PORTER

21 /09 inaurice nail sent rne consulta fee to see DOC 6 3 at glades Gi be. v toes.sent letter to classofication officer rob n.. requesting tuesday friday 17/20,,will e · 1 xed request to 561-992-1350

foind case2/16 spoke to reobinson..said would need clearance for friday..she said she would caoll back

1 Fla. L.. Weekly D95b

Criminal law -- Robbery -- Post conviction relief -- Newly discovered evidence -- Recantedtestimony -- Trial court correctly denied motion for post conviction relief based on finding thatcodefendant's affidavit stating that defendant had no knowledge of robbery was inherently

.incredible

ROBERT ANDREWS, Appellant, v. STATE OF FLORIDA, Appellee. 4th District. Case No.j4D05-23RDecember 28, 2005. Appeal of order denying rule 3.850 motion from the Circuit Court for tFe-ifteenth Judicial Circuit, Palm Beach County; Sandra K. McSorley, Judge; L.T. Case No. 94-7812CFA02. Counsel: Bert Winkler, West Palm Beach, for appellant. No appearance required for

appellee.

(Klein, J.) Defendant moved for post-conviction relief based on newly discovered.evidence in theform of an affidavit of a participant in the robbery for which defendant was .convicted. Although theaffidavit does satisfy the first requirement for newly discovered evidence, that it could not have beenknown by the use of diligence at the time. of the trial, the trial court summarily denied the motion onthe gróund that it was i-nherently incredible. We affirm.

Defendant was charged, along with co-defendants Smith and Jackson, with robbery with a firearm.and found guilty. Jackson, who signed the affidavit in this case, had been at large prior to trial andunavailable. After the trial, Jackson was found and pleaded guilty.

In his affidavit, on which defendant's mötion was based, Jackson stated that he participated in therobbery with Smith and a third person, that after the robbery Jackson gave defendant some of themoney from the robbery to repay a debt, and that Jackson hid a weapon used in the robbery in abedroom of defendant's home without defendant's knowiedge. Defendant, according to Jackson, hadno knowledge of the robbery.

The state conceded that the affidavit was newly discovered evidence, because. Jackson had not beenfound before the trial, but contended that it was so inherently incredible that there was no probabilitythat it could produce an acquittal on retrial. Jones v. State, 591 So. 2d 911 (Fla. 1991).

Jackson's affidavit was in direct contradiction of Jackson's statements under oath at his plea hearing,when he informge court about defendant's participajan ndant's shooting thevictim3fñdant's escaping with Jackson in the get-away car, and defendant's sharing the proceeds

of the robbery with Jackson ddidentified defendant as the particip n he bbeitnesses, including some of defendant's relativespossessing the weapon used in the robbery. 7' °³ °Vin9 P°ssession of the proceeds, and a

In McLin v. State, 827 So. 2d 948 (Fla 2002

required on a claim of newly discovered evid nce b dme coud held that an evidentiary hearing isthe sworn allegations are either conclusively refuted bse on the recantation of trial testimony, unlecnoredible. We conclude that the trial ·the rec_or_d or, on their face, are inhnherently incredible and that no evident ad was correct in determining that Jackson's affidavit

(Fla. 3d DCA 2004); Johnson v. State, 844 So 2 75 (Fla 3d DCÁ 20 Jr v. State, 877 So. 2d 842

Affirrned. (Shahood and Taylor, JJ., concur.)

. IN THE C:RCUIT COURT OF THE FIFTEENTH JUDICIALCIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA

STATE OF FLORIDA '-Vs- R

.. . ROBERT L ANDREW .

ROBERT L ANDREWS500 ORANGE AVBELLE CLADE, FL 33430

(JAIL)

Case No: 501994CF00781 AXXXMB

APPEALS DIV,

NOTICE OF HEARING .

DIFENDANIMU.ST.BE..PRESENT AT THIS HEARINGFailure to wpeiW zoil I result in a BondForfeiture or revoca�060naf ozon recognizance (O.RJ

and a Cdpias being issued for yout-a-.nR

YOU ARE HEREBY N TIFIÈD that this case is scheduled fon MOTION HEARING .

On: 5-JUI.-2011, at 08:30 AM, DIVISION: W, in COURTRODM 11F

At the CO CollRTHOLISE, 205K DDGE HWY, WEST PALM BEACH, FL 33401

-ir YO5"ÅÑo�442r'O'a"E° sîn®¹,¶°|,'''"°"""*^SSESSED BY THE COURTATTRTS MRING**YOUR APPLICATIONAT THE CLE RK &COMPTROLLER O YOWU5TFILE AN APPL1CATION. YOU MAYFILE

COURTDATE. T.12 APPLICATION FEB IS PAY B TO HE o R MRE YOUR

. SHARON R. BOCK,CLERK & COMPTROLLER

DATED: JULY 05, 2011 . BY: _..ABECKFOND..__Deputy Cleik

ec ]lLL ESTEY

PD/MICHAEL PATRICKMAHE R , ESQ. - 324 DÁTURA STREET SUITE 250, WEST PALM BEACH, FL 33401

"Ifyou are a person vith a disability whin this proceeding, 3ipu are entitled, at no cost to - ·n in order to participatePlease contact KrisMe - you, to the provIstogpfcertain assistance.

. er, Americans with Disabilities Act CCounty Courthousép205 North Dixie °°E inator, Palm Beachnumber (561) 35S4380 at least 7 **7' 'Int Beach, o da 3344 telephone

immediately upon receiving this notification if h t befeless than 7 days; ifp4u are hearing or voice impaire caH 71

ST of FL vs. .

Arrest# Bond#Type $ A/C

Da.te . Judge Crt. Rep.

f ---Pr . W / W ef. C .Esq PD---Pre / Not Pres.

Before th r:

ithdrawn O Court Reserves Ruling O Writt n Order to ollowO Warrant O Ordered O Recalled O Bond Set at $0 Bond Forf O OR: Disch / Revoked / Reinstated O Bond: Disch / Revoked O SOR: Disc / voked ins ed

grees O State failed to file charges O Released O.R. / S.O.R.O Deft __ Indigent O PD Appt O Hrg only PD Pres O Court ApptsEvaluation for: O Drug Farm O DOC Non-Secure Bed bv

O Pre-Plea O PSI ordered by/within days O w/input from DJJ StaffingO Referred to: PTI / SAAP / PADD 0 Case placed on the absentee docketDEFT ENTERED A PLEA OF: O NOT GUILTY O OUILTY O NO CONTEST O BEST INTEREST O TO THE COURTAs Charged-Cts Lesser Cts Lesser Charge

O Sw & Test O Adv of Rts O Waived PSI Lesser Cts Lesser Charge

O ADJ GUILTY as Charged as to Cts Lesser CtsO FOUND GUILTY as Charged as to Cts Lesser CtsO ADJ W/HELD as to Cts _.... O SENT W/HELD as to Cts

O FOUND AND ADJUDICATED DELINQUENT as to CtsO FOUND & ADJ NOT GUILTY as to Cts O Dispo Order to follow / Filed

Dismiss O Nolle Prosse Cts

Prob / Comm Control: O Revoked O Reinstated O Modified O Term. Successfully / UnsuccessfullyO Stip/Found: (violent) Habitual Off. 775.084 O Stip/Found: Sexual Offender / Sexual Predator O Stip/Found: P.R.RSENTENCE: PBCJ: Cts: / DOC: Cts-

PBCJ: Cts: / DOC: Cts

O W/Credit for Days / Mos. / Yrs. O Deft Remanded O Deft to remain on same rel. status pending sent.Conc / Consec / Co-Term w/cases / cts:

O Execution of Sentence Stayed O Sentence Suspended O Time served as to Cts

O Youthful Off O Habitual Off O Min / Mand: as to Cts

O ABOVE SENTENCE TO BE FOLLOWED By: O Probation O Drug / Sex Off Prob O Comm. Control O I O II - See P . 2O DRIVERS LICENSE TO BE SUSPENDED / REVOKED FOR YEARS AS A RESULT OF THIS PLEA

e n eset Div Rm at M

Remains Set / Reset Div Rm at AM/PM

Deft sign

Def Co O ASA

O Prob O Jail O DJJ O GAL Notified by mail by: on /

205 i le es Palm Beach 3 4 Sta e Ro 80, e la e 3228 n Wes Pa BeP ex

Al isT E. LEASE CONT c7 MARY JAFFE, A coORD NATOR DER TO PAlmCIPATE IN THIS PRocEEDING, YOU ARE ENTm.ED, AT NO COST TO YOU, TO THE PROVISION OFWEST PALM BEACH. FL 33401; TELEPHONE (581) 3554380, WmfiN2 WORIGNG DAYS O RE P P T NOncE.lF U E O O E ED C N M M E25%

Form 611 EDP Rev 12/06

THE FLORIDA BAR651 EAST JEFFERSON STREET

JOHN F HARKNESS, JR. TALLAHASSEE, FL 32399-2300 850/561-5600

WWW.FLORIDABAR.ORG

May 17, 2011

Mr. Robert Lee AndrewsGlades Correctional Institution500 Orange Avenue CircleBelle Glade, FL 33430-522

Re: Maurice J Hall; RFA No. I l-4695 .

Dear Mr. Andrews:

Mr. Andrews agreed to accept disbarment (see enclosed order). Consequently, continueddisciplinary proceedings in this matter are inappropriate and our file has been closed. Thecomputer record will be purged and the file destroyed one year from the date of closing.

Sincerely,

Theodore P. Littlewood Jr., Bar CounselAttorney Consumer Assistance ProgramACAP Hotline 866-352-0707

RECEIVEDAUG 1 1 2014

CHAMBERS OF JUDGEJACK SCHRAMM COX

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OFFLORIDA, IN AND FOR PALM BEACH COUNTY, FLORIDA

CASE NO. 501994CF007812AXXXXMB|CRIMINAL DIVISION "6d

STATE OF FLORIDA

Vs.

ROBERT LEE ANDREWS

Defendant

ORDER SETTING STATUS CONFERENCE HEARING

THIS MATTER came before the Court upon receipt of the Mandate and Order from the

District Court of Appeal of the State of Florida, Fourth District filed on January 18, 2013 (copy

aftached). Accordingly, it is hereby:

ORDERED AND ADJUDGED that a status conference hearing Re: Mandate. The

Status conference hearing is set for FRIDAY, FEBRUARY 1, 2013 at 8:30 A.M., in Courtroom

I l-F, Palm Beach County Courthouse, 205 N. Dixie Highway, West Palm Beach, Florida. Ten

(10) minutes been reservedfor this hearing.

DONE AND ORDERED at West Palm Beach, Palm Beac Florida, on this

day of January, 2013.

JAN 2 4 gm3

JEF Y C LBA H �042ColbathCI CUIT COURT JUDGE

Copies furnished:Assistant State Attorney (Div. W) & Appeals Div.Assistant Public Defender (Div. W) & Appeals Divs.Attorney General Office, 1515 North Flagler Drive, 9* Floor, West Palm Beach, FL 33401Fou District Court of Appeals, 1525 Palm Beach Lakes Blvd., West Palm Beach, FL 33401

ert Lee Andrews, DC#686323, South Bay Correctional Facility, 600 U.S: Highway 27 South,South Bay, FL 33493-2233

"If you are a person with a disability who needs any accommodation in order to participate in thisproceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contactGermaine English, Americans with Disabilities Act Coordinator, Palm Beach County Courthouse, 205North Dixie Highway West Palm Beach, Florida 33401; telephone number (561) 355-4380 at least 7 daysbefore your scheduled court appearance, or immediately upon receiving this notification if the timebefore the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711."

IN THE CIR.CUIT COUR.T OF THE FIFTEENTH JUDICIAL CIRCUITIN AND FOR PALM BEACH COUNTY, FLORIDA

ROBERT LEE ANDREWS, Civil Division: "AI"Case No.: 502014CA008038XXXXMB

Petitionerv.

PALM BEACH COUNTY, et al.,

Respondent(s).

ORDER DIRECTING CLERK TO DETERMINE WHETHER PETITIONER IS INDIGENT

. THIS CAUSE came before'the Courton the Plaintiff Robert Lee Andrews' Affidavit of Indigency,

filed July 14, 2014, and "Notice of Acknowledgement of and Objection to Deficiencies Filing Fee," filed

on October 21, 2014. This Court, having teviewed the Affidavit, finds as follows: .. .

A prisoner who has twice in the preceding three years been authorized to proceed as an indigent in

state or federal court may not be. adjudicated indigent to pursue ä new suit, action, claim, proceeding, or

appeal without first obtaining leave of court. § 57.085(7), Fla. Stat. (2014). In hiíAffidavit of Indigency,

Petitiorier checked a box indicating he häd been declared indigent twice in the preceding three years. .

However, upon review of Petitioner's "Notice of Acknowledgement," it appears that Petitioner did so

mistakenly. fetitioner appears to have.only once engaged in qualifying litigation in the last three years,

and it is uncle r if he was authorized to proceed as indigent in that case. Accordingly it is

ORDERED that Petitioner need not seek leave of court to apply for indigency staus pursuant to

Section 57.085(7), and the Clerk is directed to evaluate the Affidavit of Indigency pursuant to Section

57.085(4)-(5) to determine whether Petitioner is indigent.

DONE AND ORDERED, in Chambers at West Palm Beach, Palin Beach County, Florida this

day of November, 201 4. .

. . MEENIU SASSERCIRC i IT JUDGE

Copy provided to:

Robert L. Andrews, South Bay Correctional Facility, PO Box 7171, South Bay, FL 33993

C1erk of Court - Kristen Butler-Wilson: Interoffice


Recommended