State v. High
2012 UT App 180
| Utah Ct. App. | 2012Background
- High appeals his conviction for aggravated assault in concert with two or more persons and riot; case 2010-0668; Utah Court of Appeals decision 2012 UT App 180.
- On October 24, 2009, High, Cristobal, and a third man assaulted two brothers on the Provo River Parkway; they chased the brothers on the Trail and followed them after a prior encounter.
- Big Brother and Little Brother were confronted again on the Trail; the assailants pursued them, shouted PVL, and flashed gang signs as they fled.
- During the altercation, Cristobal threw a rock at Big Brother and a Third Man beat Big Brother with a stick; High also struck with a pool cue or similar object; Little Brother was struck as well.
- Post-incident, police identified High and Cristobal; charges included riot and aggravated assault in concert; neither defendant requested a separate trial.
- The State sought to introduce gang evidence, including PVL membership and a prior in-concert assault; the trial court admitted some gang evidence but imposed limits on details and deferred some rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gang Activity Evidence was admissible under Rule 404(b) | Gang evidence probative of in-concert and motive; relevant to codefendants' relationship. | Evidence largely character/propensity-based; risk of prejudice outweighs probative value. | Properly admitted under 404(b) for proper purposes with limited prejudicial impact. |
| Whether Gang Activity Evidence was intrinsic to the crime | Evidence relates to defendants' gang activity, not intrinsic to the charged acts. | Evidence intrinsic to the crime because it contextualizes the assault. | Not intrinsic; analyzed under Rule 404(b). |
| Whether admission of rival gang and illegal prior-fights testimony was harmless | Any error would be harmless given extensive other evidence and limiting instruction. | Improper admission could have influenced the verdict. | Harmless error; proper evidence and instructions sustain the verdict. |
Key Cases Cited
- State v. Widdison, 2001 UT 60 (Utah) (limits for admitting other-bad-acts evidence; harm standard)
- State v. Nelson–Waggoner, 2000 UT 59 (Utah) (404(b) framework and balancing factors; Shickles cited)
- State v. Killpack, 2008 UT 49 (Utah) (proper noncharacter purpose and balancing under 404(b))
- State v. Toki, 2011 UT App 293 (Utah) (gang evidence relevant to in-concert enhancement; limits on scope)
- State v. Milligan, 2010 UT App 152U (Utah) (caution on repetitive gang references; harmless where limited)
- State v. Nielsen, 2012 UT App 2 (Utah) (analysis of 404(b) evidence in preliminary settings)