Bruce v. State

35 So. 3d 1236, 2010 Miss. App. LEXIS 269, 2010 WL 2164707
CourtCourt of Appeals of Mississippi
DecidedJune 1, 2010
Docket2008-KA-01748-COA
StatusPublished
Cited by2 cases

This text of 35 So. 3d 1236 (Bruce v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bruce v. State, 35 So. 3d 1236, 2010 Miss. App. LEXIS 269, 2010 WL 2164707 (Mich. Ct. App. 2010).

Opinion

GRIFFIS, J„

for the Court:

¶ 1. Archie Bruce was found guilty of two counts of drive-by shooting, in violation of Mississippi Code Annotated section *1238 97-3-109 (Rev.2006). On appeal, Brace argues that the trial court committed error when it: (1) admitted evidence about the car wreck which occurred after the alleged drive-by shooting, (2) admitted photographs of the bullet holes in Tracy Wide’s car, (3) admitted a prior statement made by Bruce, and (4) excluded Bruce’s grandmother’s testimony about his character. We find no error and affirm.

FACTS

¶ 2. On December 6, 2005, shortly after midnight, Brace was driving his Ford Explorer. He came to an intersection, and he pulled into the left turn lane next to a Ford Taurus. The Taurus was driven by Anthony Allen. Wide 1 was a passenger in the Taurus.

¶ 3. On December 6th, Wide was in a romantic relationship with Allen. She previously had been in a relationship with Bruce. Bruce bought the Taurus for Wide. Bruce and Wide were the parents of three children. In fact, at the time of this incident, Wide was pregnant with her fourth child fathered by Bruce. Nevertheless, Wide and Bruce did not live together.

¶ 4. Bruce testified that he pulled alongside the left side of the Taurus and saw Allen driving with Wide in the passenger seat. Bruce claimed that Allen turned his head toward Brace, and it scared him. He grabbed his pistol and pointed it toward the Taurus. He then fired two shots out of his passenger window at the Taurus.

¶ 5. After the shots were fired, Allen made a right turn. Bruce followed. Allen spotted a police officer and attempted to waive the officer down. He honked his horn and waived his hands. Allen let his foot off the accelerator, and Bruce’s Ford Explorer collided with the rear of the Taurus. The Taurus ran off the road and struck a tree.

¶ 6. Officer Williams witnessed Brace following closely behind the Taurus. He saw the collision of Bruce’s Explorer and the Taurus. Officer Williams called for backup. Officer Ramel Matthews arrived at the scene and took photographs of the broken windshield and bullet holes in the left side of the Taurus.

¶ 7. That evening, Bruce signed a Miranda waiver and spoke to Officer Matthews. Officer Matthews asked Brace a series of questions. Officer Matthews prepared a statement that consisted of his questions and Brace’s responses. Bruce read and signed the statement.

¶ 8. Bruce was found guilty of both counts of drive-by shooting and sentenced to serve twelve years on each count in the custody of the Mississippi Department of Corrections.

ANALYSIS

1. Whether the trial court erred in allowing evidence of the car wreck.

¶ 9. Bruce contends that evidence of the car wreck and photographs of a broken windshield were not relevant and that the prejudicial effect of this evidence substantially outweighed its probative value, violating Rule 403 of the Mississippi Rules of Evidence. Bruce argues that the car wreck was evidence of “other crimes or bad acts.” Thus, Bruce claims that when evidence of other crimes or bad acts are offered as evidence under Rule 404(b) of the Mississippi Rules of Evidence, such evidence may not be admitted unless it also passes the so-called Rule 403 filter.

¶ 10. Mississippi Rule of Evidence 404(b) provides:

*1239 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.

¶ 11. When a trial court determines that potentially prejudicial evidence possesses sufficient probative value, it is within the court’s sound discretion whether or not to admit the evidence, “since Rule 403 does not mandate such an exclusion but rather states that the evidence may be excluded.” Baldwin v. State, 784 So.2d 148, 156 (¶ 27) (Miss.2001). “The task of an appellate court in reviewing such a determination is not to conduct its own de novo Rule 403 balancing, but simply [to] determine whether the trial court abused its discretion in weighing the factors and in admitting or excluding the evidence.” Jones v. State, 904 So.2d 149, 152 (¶ 7) (Miss.2005).

¶ 12. The supreme court has held that “even though it may reveal other crimes, evidence or testimony may be given in order to tell a rational and coherent story of what happened and where it is substantially necessary to present a complete story.’ ” Flowers v. State, 773 So.2d 309, 319 (¶ 28) (Miss.2000) (citing M.R.E. 404(b); Mackbee v. State, 575 So.2d 16, 27-28 (Miss.1990)). The supreme court has further held that evidence of another crime is “also admissible if it sheds light upon the motive or if it forms a part of a chain of facts intimately connected so that in order to interpret its general parts, the whole must be heard.” McGowen v. State, 859 So.2d 320, 332 (¶ 38) (Miss.2003) (quoting Flowers, 773 So.2d at 319 (¶ 28)).

¶ 13. Bruce’s counsel moved to exclude any evidence about the car wreck. Bruce sought to exclude the testimonies of Officer Williams and Allen, along with the photographs taken after the wreck of the Taurus.

¶ 14. The trial court found that the wreck was “part of that continuous transaction of events that took place” and that allowing evidence of the car wreck did not cause undue prejudice. After reviewing the record, we are satisfied that the trial court weighed the probative value of this evidence against the potential for undue prejudice. The trial court did not abuse its discretion. We find that this issue is without merit.

2. Whether the trial court erred in admitting photographs of the bullet holes in the Taurus.

¶ 15. Bruce next argues that the admission of the photographs of the bullet holes caused him undue prejudice and denied him a fair trial. The State responds that the photographs were probative evidence and were submitted to corroborate other testimony presented at trial.

¶ 16. The photographs at issue were of the bullet holes on the outside in the front driver’s door. Bruce contends that these photographs are prejudicial because there is no proof that the bullet holes came from his gun on that night.

¶ 17. “Photographs of the crime scene are generally admissible, and ‘some probative value’ is the only requirement for the admission of photographs, absent a clear showing of unfair prejudice to the objecting party outweighing their probative value.” Selders v. State, 794 So.2d 281, 285 (¶ 19) (Miss.Ct.App.2001). Generally, if the photographs are used to supplement a witness’s testimony, the photographs have probative value. Id. Rulings on the admission or exclusion of photo *1240 graphs are reviewed under an abuse-of-discretion standard. Id.

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Bluebook (online)
35 So. 3d 1236, 2010 Miss. App. LEXIS 269, 2010 WL 2164707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bruce-v-state-missctapp-2010.