State v. Primm
347 S.W.3d 66
| Mo. | 2011Background
- Appellant Daniel M. Primm was convicted on ten counts of sexual abuse involving his grandniece, T.B., and testified by R.C. as well.
- Multiple uncharged acts against T.B. and R.C. were admitted to show motive and a coherent sequence of events.
- T.B. was 14 and R.C. was 15 at the times of the alleged offenses.
- Acts occurred in St. Louis City, St. Louis County, including a fruit company parking lot, T.B.’s home, a dining area, and a hotel.
- Primm was convicted of several counts and sentenced to a total of 20 years; judgment was corrected by nunc pro tunc remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of uncharged crimes evidence against the victims | State: admissible to show motive/complete picture | Primm: abuse of discretion; prejudicial | Admissible under proper exceptions and for complete picture |
| Sufficiency of evidence for Count I (second-degree statutory rape in moving truck) | State: evidence shows penetration implied by testimony | Primm: no explicit proof of vaginal penetration | Sufficient evidence of sexual intercourse supporting Count I |
| Judgment vs. oral pronouncement; clerical correction needed | Written judgment inconsistent with oral ruling | Correction permissible; nunc pro tunc appropriate | Remanded to correct written judgment nunc pro tunc |
Key Cases Cited
- State v. Vorhees, 248 S.W.3d 585 (Mo. banc 2008) (establishes limits on admissibility for other crimes evidence)
- State v. Ellison, 239 S.W.3d 603 (Mo. banc 2007) (exclusionary rule for other crimes; exceptions apply)
- State v. Thurman, 272 S.W.3d 489 (Mo.App. 2008) (complete and coherent picture of events; same child testimony)