564 A.2d 64 | Me. | 1989
The defendant, Richard Pottios, appeals from his convictions of aggravated assault, 17-A M.R.S.A. § 208(1)(A) (1983), and criminal mischief, 17-A M.R.S.A. § 806(1)(A) (1983), after a jury trial in Superior Court (York County, Lipez, /.). The charges were based on Pottios’s beating of Donald Clark and his smashing of a car windshield with a tire iron or iron pipe in Old Orchard Beach. Pottios contends that the court abused its discretion in granting the State’s motion in limine to impeach Pottios’s credibility by a prior conviction of rape. Pott-ios further contends that the evidence is insufficient to support his conviction on the charge of aggravated assault. We affirm the judgment.
The in limine ruling, made just pri- or to the commencement of trial,
M.R.Evid. 609 permits the fact of prior conviction of certain crimes to be introduced for the purpose of impeaching the credibility of a witness.
Pottios claims that he was improperly deprived of a jury instruction on self-defense,
Pottios argues that evidence of conviction of a crime not involving intentional dishonesty has less probative value on credibility than conviction of a crime directly involving dishonesty, and that evidence of conviction of a sex crime can be highly prejudicial to a defendant. See Field & Murray § 609.1, at 225. In this case, however, where Pottios made no attempt to inform- the court as to the nature and importance of his testimony, we cannot say that the court “ ‘[ jeither misinterpreted M.R.Evid. 609(a), thereby applying an erroneous standard of law, []or abused [its] discretion in admitting ... evidence of a prior conviction.’ ” State v. Hanscome, 459 A.2d 569, 572 (Me.1983) (quoting Spearin, 428 A.2d at 382).
Pottios also contends that his conviction of aggravated assault under 17-A
The entry is:
Judgment affirmed.
All concurring.
. Motions in limine to determine prior to trial the extent to which prior convictions may be used to impeach the credibility of a defendant, should the defendant choose to testify, are encouraged. See United States v. Oakes, 565 F.2d 170, 171 (1st Cir.1977); see also State v. Toppi, 275 A.2d 805, 813 (Me.1971).
. M.R.Evid. 609(a) provides as follows:
(a) General rule. For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime is admissible but only if the crime (1) was punishable by death or imprisonment for one year or more under the law under which he was convicted, or (2) involved dishonesty or false statement, regardless of punishment. In either case admissibility shall depend upon a determination by the court that the probative value of this evidence outweighs the prejudicial effect to the defendant.
. See 17-A M.R.S.A. §§ 101, 108 (1983). The court ruled that the evidence generated at trial did not justify the giving of the instruction. Pottios does not challenge that ruling on the evidence in the record.
. 17-A M.R.S.A. § 208(1)(A) (1983) provides as follows:
1. A person is guilty of aggravated assault if he intentionally, knowingly, or recklessly causes:
A. Serious bodily injury to another_
17-A M.R.S.A. § 2(5) provides as follows:
5. "Bodily injury” means physical pain, physical illness or any impairment of physical condition.
17-A M.R.S.A. § 2(23) provides as follows:
23. “Serious bodily injury” means a bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or loss or substantial impairment of the function of any bodily member or organ, or extended convalescence necessary for recovery of physical health.