District Court of Appeal of Florida,Third District.
Nelson MELENDRES, Appellant, v. The STATE of Florida, Appellee.
Decided: August 11, 1999
Before SCHWARTZ, C.J., and NESBITT and GODERICH, JJ.
Richard J. Diaz, Miami, for appellant. Robert A. Butterworth, Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellee.
Nelson Melendres, a Miami-Dade police officer, was convicted of “perjury committed during official proceedings” following an incident where he improperly altered his time sheet 1 and then made false statements concerning the alteration during a police internal affairs investigation. We find that the conviction was supported by sufficient evidence, and affirm.
We disagree with Melendres's contention that his sworn statement given during a police internal affairs investigation was not given during an “official proceeding.” Certainly, the procedures set in place for police internal affairs investigations, and the protections afforded therein to the officer under investigation, are adequate to be considered as “official proceedings” under the perjury statute. See §§ 112.532-533, Fla. Stat. (1995).
Melendres also argued that it was improper for the trial judge to exclude much of his evidence concerning Melendres's prior difficulties with one of his police sergeants, Sergeant Bruckner. We disagree. The problems between Melendres and Bruckner occurred some three years (and more) prior to the incident in question, and were properly excluded as irrelevant when there was no showing that Bruckner had any connection whatsoever to the alteration of Melendres's time sheet.
The voir dire issue raised by Melendres was not preserved for appellate review.
For the aforementioned reasons, we affirm.
1. The document at issue here was a “court attendance slip”, a form police officers must fill out and have time-stamped when they attend court appearances. A machine at the courthouse time-stamps the forms. Melendres's form was stamped at 10:12 by the machine. The time was altered by pen to appear as 10:00. The difference in times would entitle Melendres to an extra hour of overtime pay.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.