State v. Thomas John Kralovec, 161 Idaho 569

Defendant Thomas Kralovec was arrested for public intoxication and resisting; during booking four deputies restrained him in a holding cell. During the search his leg came free and knocked a microphone loose and Deputy Michaelson was later found to have a shoulder injury. A cell-camera recorded the incident.
State charged Kralovec with battery on a correctional officer (I.C. §§ 18‑915(2), 18‑903). At trial the State relied on Deputy Michaelson’s testimony, other deputies’ testimony, the cell video, and audio from Kralovec’s transport to the jail. The jury convicted.
Before trial, the court admitted the transport audio as res gestae and alternatively under Idaho Rule of Evidence 404(b) to show intent. Kralovec objected as unduly prejudicial under I.R.E. 403.
After a jury trial presided by Senior Judge Hoff, sentencing was conducted by Judge Scott, who stated he had reviewed the PSI but had not reviewed the trial transcript or the cell video. Kralovec requested the trial judge preside at sentencing or that Judge Scott listen to the trial audio; the court denied the request.
Kralovec appealed, arguing insufficiency of evidence, erroneous admission of the audio, and sentencing error for failing to review the transcript/exhibits. The Idaho Supreme Court granted review and affirmed the conviction and sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence to support battery conviction	State: testimony and corroborating evidence suffice to prove willful use of force beyond reasonable doubt	Kralovec: video disproves he struck Michaelson and movement was accidental from leg restraint	Conviction affirmed; viewing evidence in prosecution’s favor, jury could find willfulness and contact proven
Admissibility of transport audio	State: audio is relevant to intent and admissible under I.R.E. 404(b); also res gestae (context)	Kralovec: audio only shows obnoxiousness and is unfairly prejudicial under I.R.E. 403	Court admitted audio under I.R.E. 404(b) for intent; declined to perpetuate res gestae doctrine but held audio admissible and not an abuse of discretion
Use of res gestae doctrine	N/A (State relied on res gestae at trial)	Kralovec: objected to admission on multiple grounds	Court rejected continued use of res gestae as standalone doctrine; evidence must fit modern hearsay/rule-based exceptions
Sentencing judge’s failure to review trial transcript/exhibits	State: sentencing judge may rely on PSI and record; defendant had opportunity to present evidence	Kralovec: sentencing judge abused discretion by not reviewing trial transcript/exhibits before sentencing	No abuse of discretion; defendant had chance to submit evidence, transcript was unavailable at request time, and Moore standards for reliable sentencing were satisfied

State v. Allen, 129 Idaho 556 (Idaho 1996) (standard for viewing evidence in favor of prosecution on appeal)
State v. Blackstead, 126 Idaho 14 (Idaho Ct. App. 1993) (discussing res gestae admission to complete the story of the crime)
State v. Grist, 147 Idaho 49 (Idaho 2009) (I.R.E. 404(b) admissibility framework)
State v. Ehrlick, 158 Idaho 900 (Idaho 2015) (mixed standard of review for admissibility: relevance de novo, prejudice for abuse of discretion)
State v. Moore, 93 Idaho 14 (Idaho 1969) (sentencing reliability: opportunity to present favorable evidence, examine PSI contents, and rebut adverse evidence)