Baxter v. State

522 N.E.2d 362, 1988 Ind. LEXIS 108, 1988 WL 39969
CourtIndiana Supreme Court
DecidedApril 25, 1988
Docket385S77
StatusPublished
Cited by69 cases

This text of 522 N.E.2d 362 (Baxter v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baxter v. State, 522 N.E.2d 362, 1988 Ind. LEXIS 108, 1988 WL 39969 (Ind. 1988).

Opinions

SHEPARD, Chief Justice.

Appellant Richard Lee Baxter was ac cused of sexually abusing his two step- : daughters, S.W. and A.W. A jury found him guilty of two counts of child molesting, a class B felony, Ind.Code § 35-42-4-3 (Burns 1985 Repl.), and two counts of incest, a class D felony, Ind.Code § 35-46-1-3 (Burns 1985 Repl.) It also determined that he was an habitual offender, Ind.Code § 35-50-2-8 (Burns 1985 Repl.)

The trial court sentenced Baxter to concurrent terms of twenty years on each count of child molesting and four years on each count of incest. Because Baxter's prior felony convictions were more than ten years old, the trial court enhanced his sentence as a result of the habitual offender finding by only five years, rather than the maximum thirty. Ind.Code § 35-50-2-8(e).

Baxter raises four issues on direct appeal: .

1) Whether the evidence is sufficient to support the convictions;
[365]*3652) Whether the trial court properly denied his motions for continuance of the trial and of the habitual offender proceeding;
3) Whether the trial court erred in excluding Baxter's alibi testimony because of a defective notice of alibi; 4) Whether the trial court erred by admitting evidence of uncharged erimi-nal acts, and
5) Whether the victims were competent to testify.

I Sufficiency of the Evidence

Baxter claims the evidence is insufficient to support his four felony convictions and the habitual offender finding. When reviewing such a claim, this Court will not reweigh the evidence or judge the credibility of the witnesses. Looking to the evidence and reasonable inferences therefrom which support the verdict, we will affirm the convictions if there is evidence of probative value from which a reasonable trier of fact could infer guilt beyond a reasonable doubt. Coleman v. State (1986), Ind., 490 N.E.2d 325.

The evidence at trial showed that Baxter had sexually abused his stepdaughters for several years before he was charged. The victims testified that he had sexual intercourse with them and required them to perform oral sex several times monthly during the year before trial The girls reported the molestations to other family members, who confronted Baxter but did not report to authorities until shortly before he was charged. The victims revealed the attacks charged in graphic language during discussions with their social worker.

Baxter appears to contend that this Court for various reasons should not consider the testimony of the victims, the social worker or the relatives. Baxter first argues that the testimony of the social worker and the victims' relatives was based on hearsay. Each of those witnesses recounted statements made by the victims. The victims testified and were cross-examined at trial; therefore, their out-of-court statements, related by other witnesses, were admissible: Potterson v. State (1975), 263 Ind. 55, 324 N.E.2d 482.

Baxter also concludes that the testimony of S.W. should not be considered because her mother held her hand throughout S.W.'s testimony,. Without elaborating, he claims that such conduct prejudiced the jury against him. The trial court had discretion to allow special measures aimed at putting the young child at ease on the witness stand. See Ricketts v. State (1986), Ind., 498 N.E.2d 1222. We fail to see how Baxter was unduly prejudiced, particularly considering that the vietims' mother testified and denied the sexual abuse.

Baxter finally argues that the testimony of both victims should not be considered because it was inconsistent, improbable and the product of ill will. The vie tims' testimony, while sometimes lacking specificity, was generally clear. Their testimony was generally consistent with earlier statements which they gave to their social worker and to relatives. Convictions for incest and child molesting may rest upon the uncorroborated testimony of the victim. Snider v. State (1980), 274 Ind. 401, 412 N.E.2d 230. Thus, the evidence was sufficient to support the convictions for child molesting and incest.

With regard to the habitual offender finding, Baxter alleges that the State did not adequately prove that he was the same Richard Lee Baxter who, according to certified court records, was convicted of two felonies in the 1960s. While certified copies of judgments or commitments containing the same or similar name as the defendant may be introduced to prove the commission of prior felonies, there must be other supporting evidence to identify defendant as the same person named in the documents. This proof of identity may be in the form of cireumstan-tial evidence. A sufficient connection between the documents and the defendant is made if the evidence yields logical and reasonable inferences from which the trier of fact may determine it was indeed the defendant who was convicted of the two felonies alleged. Coker v. State (1983), Ind., 455 N.E.2d 319.

[366]*366The certified court documents introduced by the State showed a Richard Lee Baxter, born April 4, 1945, was convicted of assault and battery with intent to commit a felony in 1965 and forgery in 1968. Baxter admitted the forgery conviction but denied the other. However, Baxter's mother testified that he was born April 4, 1945, and that he was living with her at the time of both convictions. While Baxter's mother conceded that she did not appear at those court proceedings, she testified that she believed he had been convicted of assault and battery with intent to commit a felony and that she had discussed that case with her son. Such evidence was sufficient to identify Baxter as the person who was convicted of that crime.

IIL. Continuance

Baxter claims that the trial court erred when it refused to grant defense counsel's motions for continuance to allow more time to prepare for trial. Counsel entered his appearance on Baxter's behalf on April 25, and a trial date of August 7 was set. On July 5, the court, in response to a defense motion, authorized the defense within the next twenty days to take the depositions of the victims and three of their relatives. On July 28, defense counsel filed his first motion for continuance, indicating that he needed more time to prepare for trial because: (1) he had not been able to schedule any of the depositions or procure the information crucial to presentation of Baxter's alibi; (2) he could meet with Baxter only on weekends because of Baxter's employment, and (8) counsel had several court commitments in the following two weeks,. Denying the motion, the trial court noted that the only discovery left uncompleted was the depositions, inasmuch as the court already had denied defendant's notice of alibi.

Defense counsel filed another motion for continuance on July 26.

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Bluebook (online)
522 N.E.2d 362, 1988 Ind. LEXIS 108, 1988 WL 39969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baxter-v-state-ind-1988.