Clark v. State

A first offender plea cannot be used to impeach a witness on general credibility grounds, because first offender status is not considered an adjudication of guilt.

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After a jury trial, Cleveland Clark was convicted of armed robbery. He appeals, challenging the trial court’s exclusion of evidence of the victim’s prior first offender guilty plea and his trial counsel’s effectiveness. However, Clark has failed to show that the trial court abused its discretion in excluding the first offender evidence or that his trial counsel’s performance was prejudicial. Accordingly, we affirm.

Construed in the light most favorable to the verdict, see Jackson v. Virginia, 443 U. S. 307 99 SCt 2781, 61 LE2d 560 1979, the evidence shows that on the night of January 13, 2012, the victim and a friend drove to a restaurant parking lot to meet, and purchase marijuana from, Willie Montfort. When the victim and his friend arrived at the parking lot, Montfort was already there with Clark. Montfort and Clark left their car, in which there were also two other occupants, and got into the back seat of the victim’s car. Montfort then pointed a pistol at the victim and took his wallet, cell phone and pocketknife. At the same time, Clark brandished a pistol and took money and cigarettes from the victim’s friend. Clark and Montforth then fled from the scene in their car, along with the other two occupants of the car. As they fled, they passed a police officer who was in his patrol car in the parking lot. The victim drove over to the officer and reported that the occupants of the fleeing car had just robbed them. The officer followed Clark and Montforth’s car and pulled it over a short distance from the scene of the robbery as other officers arrived. Officers found Clark in possession of the victim’s cell phone and knife; and inside the car, they found marijuana, money, two BB pistols, cigarettes, and the victim’s wallet.

Clark v. State

A first offender plea cannot be used to impeach a witness on general credibility grounds, because first offender status is not considered an adjudication of guilt.

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