WETHERELL, J.
Johnnie J. Jackson appeals the judgment and sentence imposed after he was found guilty of burglary of a dwelling and battery. Jackson argues that the trial court erred in admitting evidence of two previous incidents involving the victim in this case. We agree. Accordingly, we reverse Jackson's judgment and sentence and remand for a new trial.
Doris Woodard, Jackson's ex-girlfriend, claimed that, on March 29, 2011, Jackson broke into her apartment and attacked her with a knife. Jackson was arrested and charged with burglary of a dwelling with assault or battery (Count I) and aggravated battery with a deadly weapon (Count II). He was also charged with aggravated stalking (Count III) for acts occurring between October 1, 2009, and March 29, 2011. All three counts were tried together.
Prior to trial, the State filed notice of its intent to introduce collateral-crime, or "Williams
Additionally, the final instructions to the jury stated:
The Williams rule evidence presented by the State consisted of testimony about two prior incidents in which Jackson allegedly attacked Woodard. The first incident occurred on June 1, 2010, when according to Woodard and another witness, Jackson drug Woodard from a car, choked her, and threatened to kill her. The second incident occurred on November 16, 2010, when according to Woodard, she invited Jackson into her apartment where he pushed her, punched her, and hit her over the head with a stereo speaker. In addition to the testimony of Woodard and the witness to the June event, the Williams rule evidence included testimony from the police detective who investigated the prior incidents as well as photographs of Woodard's injuries from those incidents taken by the detective.
The jury found Jackson guilty as charged on Count I, guilty of the lesser-included offense of battery on Count II, and not guilty on Count III. The trial court sentenced Jackson to 20 years on Count I and 365 days for battery, to be served concurrently. Jackson was granted a belated appeal. Jackson v. State, 112 So.3d 146 (Fla. 1st DCA 2013).
We review the trial court's admission of the Williams rule evidence for an abuse of discretion. See LaMarca v. State, 785 So.2d 1209, 1212 (Fla.2001).
"[C]ollateral-crime evidence ... is admissible to prove a material fact in
Here, although intent is an element of the crimes for which Jackson was found guilty,
Even if intent was a material issue in dispute simply by virtue of Jackson's not guilty plea, the probative value of the Williams rule evidence to prove that fact
Moreover, as to the battery charge, the probative value of the prior incidents seems to be premised on the logic that because Jackson attacked Woodard in the past, he had the requisite intent to commit the March 2011 battery alleged in the information. This, however, is precisely the type of reasoning against which the Williams rule is intended to protect. See § 90.404(2)(a), Fla. Stat. ("Similar fact evidence of other crimes, wrongs, or acts ... is inadmissible when the evidence is relevant solely to prove ... propensity."); San Martin, 505 F.2d at 923 (explaining that "if there is one clear category that is not an exception to the general rule against allowing evidence of prior acts, it is that which includes character, disposition, and reputation") (internal quotations omitted); Harden v. State, 87 So.3d 1243, 1246-47 (Fla. 4th DCA 2012) (holding that evidence of prior incident of domestic violence against victim offered to show motive and intent was inadmissible because motive and intent were not at issue and "the earlier incident of domestic violence did nothing more than demonstrate appellant's propensity for violence against his girlfriend"); Bolden v. State, 543 So.2d 423, 423 (Fla. 5th DCA 1989) (reversing admission of collateral-crime evidence offered to show a "pattern of conduct" by the defendant because its purpose was to show propensity).
The State contends that even if we conclude that the trial court erred in admitting the Williams rule evidence to prove intent, we should affirm Jackson's judgment and sentence because the evidence was also admissible (1) to prove the disputed issue of identity and (2) as substantive evidence of the stalking charge. We reject these "tipsy coachman" arguments.
With respect to the first argument, the Florida Supreme Court explained that "in cases where the purported relevance of the collateral crime evidence is the identity of the defendant, we have required `identifiable points of similarity' between the collateral act and charged crime that `have some special character or be so unusual as to point to the defendant.'" McLean v. State, 934 So.2d 1248, 1255 (Fla.2006) (quoting Drake v. State, 400 So.2d 1217, 1219 (Fla.1981)); see also Washington v. State, 737 So.2d 1208, 1224 (Fla. 1st DCA 1999) (explaining that for collateral crimes to be admissible to show identity, there must be "`startling similarities,' such as a
With respect to the second argument, although the State is correct that the Williams rule evidence was admissible as substantive evidence of the stalking charge (for which Jackson was acquitted), that has no bearing on the issue on appeal: whether the evidence was admissible to establish Jackson's intent to commit the offenses of burglary of a dwelling and battery (for which he was convicted). Jackson is not challenging the fact that the Williams rule evidence was admitted; he is only challenging the fact that the jury was allowed to consider that evidence in connection with the offenses for which he was convicted. Thus, even though the Williams rule evidence was admissible to prove the stalking charge, the trial court erred when it instructed the jury that it could consider the evidence for purposes of determining Jackson's intent to commit the other offenses charged in the information.
The State also argues that any error in the admission of the Williams rule evidence was harmless. We disagree.
It is well-settled that the erroneous admission of collateral crimes evidence is presumptively harmful and may be found harmless only if the State establishes that there is no reasonable possibility that the error contributed to the verdict. See McDuffie v. State, 970 So.2d 312, 328 (Fla. 2007); Robertson v. State, 829 So.2d 901, 913-14 (Fla.2002); Pratt, 1 So.3d at 1171 (citing cases). Here, there were no fingerprints or DNA found on the knife allegedly used in the attack on Woodard or on the crowbar allegedly used to gain entry into her apartment; the only direct evidence to support the burglary and battery charges was Woodard's testimony that Jackson was the perpetrator; and a significant portion of the trial was devoted to testimony and evidence concerning the prior incidents. Under these circumstances, we are unable to conclude beyond a reasonable doubt that the erroneous admission of the Williams rule evidence did not contribute to the verdict. See Jones v. State, 754 So.2d 792, 793 (Fla. 1st DCA 2000).
For the reasons stated above, we reverse Jackson's judgment and sentence and remand for a new trial.
REVERSED and REMANDED for a new trial.
BENTON and MARSTILLER, JJ., concur.