732 N.E.2d 1021 | Ohio Ct. App. | 1999
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *28 This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made: Appellant, Mr. Randolph Wilkins, appeals his conviction in the Summit County Court of Common Pleas. We reverse.
On December 31, 1997, Mr. Wilkins was indicted by the Summit County Grand Jury for the rape of Shauneeka Mishauna Wilson, in violation of R.C.
A jury trial commenced on August 31, 1998. On September 3, 1998, the jury returned a verdict of guilty. Mr. Wilkins's sentencing hearing was held on September 11, 1998. He was sentenced to life in prison and found to be a sexual predator. This appeal followed.
Mr. Wilkins asserts one assignment of error:
THE TRIAL COURT ERRONEOUSLY ADMITTED PREJUDICIAL AND IMPROPER TESTIMONY REGARDING THE DEFENDANT'S PRIOR RAPE CASE OVER THE OBJECTION OF DEFENDANT.
Mr. Wilkins asserts that the trial court erred in admitting testimony concerning his prior rape conviction. He contends that the testimony was not relevant to show identity, common plan or scheme, motive, opportunity, intent, or absence of mistake or accident, but rather, that it had no relevance at trial but to show a propensity to commit the crime for which he was on trial. Moreover, Mr. Wilkins *29 argues that evidence of prior crimes, which is only relevant to show one's propensity to commit the crime charged, is improper. We agree.
" `The trial court has broad discretion in the admission * * * of evidence and unless it has clearly abused its discretion and the defendant has been materially prejudiced thereby, [an appellate] court should be slow to interfere.'" (First alteration in original.) State v. Maurer (1984),
Generally, evidence of prior criminal acts, wholly independent of the crime for which defendant is on trial, is inadmissible. State v. Thompson (1981),
In any criminal case in which the defendant's motive or intent, the absence of mistake or accident on his part, or the defendant's scheme, plan, or system in doing an act is material, any acts of the defendant which tend to show his motive or intent, the absence of mistake or accident on his part, or the defendant's scheme, plan, or system in doing the act in question may be proved, whether they are contemporaneous with or prior or subsequent thereto, notwithstanding that such proof may show or tend to show the commission of another crime by the defendant.
Evid.R. 404(B) states that
"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. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
Evid.R. 404(B) is in accord with R.C.
"Because R.C.
At trial, Rita Warren, whom Mr. Wilkins had been previously convicted of raping, testified concerning how she met Mr. Wilkins. She continued on to describe the details of how the rape occurred:
Q. What happens after he parked on the dead end street?
MS. MILLHOFF [counsel for Mr. Wilkins]: Objection.
THE COURT: Overruled.
A. Then he told me that he wanted to have sex with me and I stated no. Then we struggled and then he took it his way.
Q. Okay. When you say you struggled, how did you struggle?
A. First I tried to break through the passenger window out because the door didn't work because the car had been in a accident [sic] previously and I didn't succeed at that, so then I tried to fight him off and then he bit me and I was screaming. He was covering my mouth up and stuff like that.
Q. Did there come a time when he threatened you?
A. Yes, he did threaten me.
Q. What did he say to you?
A. He told me if I didn't give it up willingly, he would take it because he knows that [it] is still good 30 minutes after death.
Q. Okay. Did you want to have sex with him?
A. No.
Q. Did you have any desire to have sex with him?
A. No.
Q. After he threatened you, what did you do? *31
A. Then after he told me that, he reminded me that he would kill me if I didn't give it to him, so then I just didn't fight anymore.
Q. Okay. And what happened after you stopped fighting, what did he do to you?
MS. MILLHOFF: Objection.
THE COURT: Overruled.
MS. MILLHOFF: Your Honor, I would indicate for the record a continuing objection to this entire line of questioning.
THE COURT: So noted.
Q. I'm sorry, go ahead.
A. Then, excuse me, I forgot what you asked.
Q. That's fine. You indicated that at some point you stopped fighting?
A. Yes.
Q. Stopped fighting back. What happens after you stop fighting back?
A. Then he had intercourse with me.
Q. Okay. Again, did you want to have intercourse with him?
A. No.
Q. After he had sexual intercourse with you, what happened next?
A. Then he put on his clothes and I put my pants back on and then he took me home.
Q. Okay. Did he threaten you again?
MS. MILLHOFF: Objection, leading.
THE COURT: She may answer. Don't lead, Mr. Greven.
A. He told me that the two people that he were [sic] talking to in the bar, that they would come after me and he said that he would get me and he would leave town.
The testimony of Rita Warren did not comport with the requirements of Evid.R. 404(B) or R.C.
The state's second asserted basis for admissibility, that the 1985 rape was relevant to show Mr. Wilkins's scheme, plan, or system, is also flawed. Other acts testimony is relevant and, hence, admissible, under the scheme, plan, or system exception of R.C.
There was no evidence adduced during the proceedings below that would connect the rape of Rita Warren, some twelve years prior to the current charges, to the charge Mr. Wilkins faced at trial. Moreover, the state did not assert that the rape of Rita Warren was accomplished to further a common plan or scheme to rape Shauneeka. Hence, we conclude that the trial court erred by admitting Rita Warren's testimony. Moreover, due to the inflammatory nature of Rita Warren's testimony, we conclude that Mr. Wilkins was prejudiced by the admission of her testimony at trial. Mr. Wilkins's assignment of error is sustained.1 Mr. Wilkins's assignment of error is sustained. The judgment of the Summit County Court of Common Pleas is reversed, and the cause is remanded for further proceedings not inconsistent with this decision.
Judgment reversed, and cause remanded.
The Court finds that there were reasonable grounds for this appeal.
___________________________ WILLIAM G. BATCHELDER
WHITMORE, J.
CONCUR
[t]he existence of a prior offense is such an inflammatory fact that ordinarily it should not be revealed to the jury unless specifically permitted under statute or rule. The undeniable effect of such information is to incite the jury to convict based on past misconduct rather than restrict their attention to the offense at hand. For this reason, we do not consider the trial court's admonitions to the jury that [defendant's] prior convictions are immaterial to his guilt of the present charge sufficient to cure the error.
State v. Allen (1987),