[¶ 1] Joseph Jackson appeals from the judgment of conviction entered in the Superior Court (Cumberland County, Saufley, J.) on a jury verdict finding him guilty of manslaughter. Jeremiah Moore appeals from the judgment of conviction entered in the Superior Court (Cumberland County, Delahanty, J.) on a jury verdict finding him guilty of murder. Although tried separately, both cases stem from the same incident and have been consolidated on appeal. Jackson argues the court erroneously admitted certain evidence and miscalculated his sentence. Moore argues the court committed several evidentiary errors. We affirm both judgments and Jackson’s sentence.
[¶ 3] After midnight Jackson and Moore drove to the apartment where Rodriguez was dealing. En route they picked up two more men. They parked the car and three of the men entered the apartment building. Alfred Palmer, who occupied the apartment where Rodriguez was dealing, allowed the men inside. Sometime after entering the apartment, Jackson brandished a handgun and moved toward Rodriguez, who was in the kitchen. Moore was behind Jackson at this time. A scuffle ensued. Rodriguez lunged at Jackson with a sharp object. Jackson fired three or four shots into Rodriguez. An additional shot was fired from behind Jackson. Rodriguez died as a result of the gunshot wounds.
[¶ 4] Jackson and Moore were charged with murder and obtained separate trials. Jackson was acquitted of murder and convicted of the lesser included offense of manslaughter (Class A). 17-A M.R.S.A. § 203 (Supp.1996). Moore was convicted of murder. 17-A M.R.S.A. § 201(1)(A) (1983). This consolidated appeal followed.
I.
Nancy Dyment’s Testimony at the Jackson Trial
[¶ 5] Before the start of Jackson’s trial, the court granted his motion to sequester the witnesses. Prior to Nancy Dyment’s testimony, Jackson became concerned about conversations Dyment had outside the courtroom with another witness, Wendy Blouin, who had testified earlier the same day at Moore’s trial. When questioned in the absence of the jury, Dyment said the conversation lasted about five minutes and did not involve any discussion of the substance of Blouin’s earlier testimony. The court denied Jackson’s motion to exclude Dyment’s testimony on the ground that she violated the sequestration order.
[¶ 6] Jackson contends the court erred by denying his motion to exclude Dyment’s testimony. We disagree. The limited consequence of a sequestration order, pursuant to M.R.Evid. 615, is that witnesses are excluded from the courtroom until they have finished testifying.
State v. Bennett,
II.
Testimony at Jackson’s Trial Concerning a Robbery Plan
[¶ 7] Geoffrey Motil testified that two and one-half weeks before the killing he and Jackson, along with Moore and a fourth person, staked out a house in Lewiston where crack cocaine was being sold. Motil testified that the group planned to enter the house
[¶ 8] Jackson argues that Motil’s testimony was character evidence inadmissible pursuant to M.R.Evid. 404(b). 1 We disagree. Evidence of prior bad acts is not admissible to prove that a person acted on a particular occasion in conformity with his past behavior. Such evidence may be admissible, however, when offered for another purpose such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. See M.R.Evid. 404 advisers’ note. Motil’s testimony was admissible because it tended to establish that Jackson planned to rob Rodriguez when he entered the apartment on Knox Street, thus showing Jackson’s intent at the time of the killing. Consequently, the testimony had a legitimate purpose rather than the illegitimate suggestion that Jackson had a propensity to commit crimes.
[¶ 9] Moreover, we are not persuaded by Jackson’s argument that the prejudicial effect of Motil’s testimony rendered it inadmissible pursuant to M.R.Evid. 403.
2
The trial court has broad discretion to weigh the relevance of evidence against the danger of unfair prejudice to the defendant.
See State v. Case,
III.
Jackson’s Sentence
[¶ 10] In sentencing Jackson the court set a basic period of incarceration of 25 years and arrived at a final sentence of 30 years based on the presence of aggravating factors. This basic period of incarceration falls within the extended sentencing range for Class A crimes. In 1987 the Legislature increased the maximum sentence for Class A crimes from 20 to 40 years. P.L.1987, ch. 808 (codified at 17-A M.R.S.A. § 1252(2)(A) (Supp. 1996)). In
State v. Lewis,
[¶ 11] Jackson argues the court erred by selecting a basic period of incarceration within the extended sentencing range. We disagree. In deciding whether a sentence in the extended range is consistent with the principles set forth in
Lewis,
we look at the entire record. As noted by the trial court, drugs and guns are a lethal combination, and Jackson chose to indulge in both. The evidence also suggests Jackson was motivated, at least in part, by a desire for revenge, and planned to rob Rodriguez, a known cocaine dealer. Although not dispositive, the court may consider that manslaughter, unlike some
IV.
Alvin Houston’s Testimony at the Moore Trial
[¶ 12] Alvin Houston testified that after the shooting on April 16, Jackson and Moore came to his apartment and Moore said, “we smoked him, man, we smoked that bastard,” referring to Rodriguez. In late April 1995, Houston and Moore shared a cell at the Androscoggin County jail, and shortly thereafter Houston gave a statement to the police concerning the evening of the shooting. On cross-examination, Moore made an offer of proof that Houston told the police he thought Moore was innocent. The court, however, refused to permit Moore to question Houston in that regard, concluding that the issue of Moore’s guilt or innocence was solely a matter for the jury to resolve. Moore objected to the court’s ruling.
[¶ 13] Moore contends the court erred by excluding Houston’s testimony about his statement to the police. The decision to admit or exclude evidence is within the discretion of the trial court.
State v. Case,
V.
The In-Court Identification of Moore
[¶ 14] While many witnesses discussed Moore by name, none identified him in the courtroom prior to the close of the State’s case. Over Moore’s objection, the court allowed the State to reopen its case for the purpose of identifying him. The State then recalled as a witness State Police Detective Geoffrey Cummings, who testified that he worked on the ease and had come to know Moore in connection with his investigation. Cummings then identified Moore for the record.
[¶ 15] Moore contends that Cummings’s identification was insufficient because he merely investigated the killing and was not an eyewitness to
the
relevant events described by the other witnesses. We disagree. Identification of the accused is an issue of fact that is properly submitted to the jury.
State v. Guptill,
[¶ 16] Two other issues raised by Moore do not merit discussion.
As to Joseph Jackson:
Judgment affirmed. Sentence affirmed.
As to Jeremiah Moore:
Judgment affirmed.
Notes
. Rule 404(b) provides: "Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith.”
. Rule 403 provides: "Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.”
