Crafton v. State

821 N.E.2d 907, 2005 Ind. App. LEXIS 160, 2005 WL 267952
CourtIndiana Court of Appeals
DecidedFebruary 4, 2005
Docket03A01-0406-CR-244
StatusPublished
Cited by18 cases

This text of 821 N.E.2d 907 (Crafton v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crafton v. State, 821 N.E.2d 907, 2005 Ind. App. LEXIS 160, 2005 WL 267952 (Ind. Ct. App. 2005).

Opinion

OPINION

RILEY, Judge.

STATEMENT OF CASE

Appellant-Defendant, Frank W. Crafton (Crafton), appeals his convictions for Count I, intimidation, a Class D felony, Ind.Code § 35-45-2-1(b)(1)(A); Count II, intimidation, a Class A misdemeanor, I.C. § 35-45-2-1(a)(1); Count III, battery, a Class B misdemeanor, .C. § 35-42-2-1(a); and Count IV, pointing a firearm, a Class A misdemeanor, LC. § 85-47-4-8(b).

We affirm.

ISSUE

Crafton raises one issue on appeal, which we restate as follows: whether testimony of Crafton pushing Vickie Shanks (Shanks) out of a moving vehicle was properly admitted by the trial court.

FACTS AND PROCEDURAL HISTORY

On the evening of August 19, 2008, Shanks visited Crafton at their jointly owned residence (the residence) in Bartholomew County, Indiana, to discuss their relationship problems. Shanks and Craf-ton were engaged to be married, however, Shanks had recently moved out of the residence due to Crafton's alleged verbal abuse and drinking problem. While at the residence, Shanks attempted to call her daughter Kim Joslin (Kim) to let her know that she would be visiting with Crafton a little longer. However, because of a bad phone connection, the conversations between Shanks and Kim kept getting cut short. Worried that her mother might be in danger, Kim and her husband Josh Jos-lin (Josh) drove to the residence to check on Shanks. Upon arrival at the residence, Josh stayed in the car while Kim proceeded to the front door. When Kim walked through the front door into the living room, Crafton immediately stopped her by pointing a gun between her shoulder and head. Crafton lowered the gun when Shanks walked into the living room, but Crafton then lunged toward and grabbed Kim, telling her that he was going to kick her ass if she did not leave.

Because Josh felt that Kim had been gone too long, he got out of his car and walked towards the front door. As Josh was approaching the front door he saw Crafton push Kim. Josh then entered the residence and Crafton said that he was going to kick Josh's ass if he did not leave. Josh left the residence, walked to his car and called the police. While Josh was on the phone, Crafton walked outside holding a handgun and threatened to kill him. Shanks then walked outside and asked Crafton to get back inside the residence. Shortly thereafter, Kim, Josh, and Shanks all left the residence in Josh's car.

On August 21, 2003, the State filed an information, charging Crafton with Count I, intimidation, a Class D felony, I.C. § 35-45-2-1(b)(1)(A); Count II, intimidation, a Class A misdemeanor, LC. § 35-45-2- *910 1(a)(1); and Count III, battery, a Class B misdemeanor, IC. § 35-42-2-l(a). On March 22, 2004, the State amended its charging information to add Count IV, pointing a firearm, a Class A misdemean- or, 1.0. § 85-47-4-3(b). On March 30, 2004, the trial court granted Crafton's motion in limine excluding evidence of his prior convictions; however, the trial court denied Crafton's motion in limine exelud-ing other misconduct evidence. On the same day, a jury trial was held. At the close of the evidence, the jury returned a verdict of guilty on all Counts. On April 20, 2004, following the sentencing hearing, the trial court sentenced Crafton to the Department of Correction for three years, with one year suspended, for Count I. The trial court also sentenced Crafton to one year, all suspended, for Count II; 180 days, none suspended, for Count III; and one year, all suspended, for Count IV. The trial court ordered the sentences to be served consecutively.

Crafton now appeals. Additional facts will be provided as necessary.

DISCUSSION AND DECISION

Crafton contends that it was improper for the trial court to admit evidence of his prior uncharged misconduct. Specifically, Crafton asserts that evidence of him pushing Shanks out of a moving car, which is prior and unrelated to the instant offenses, highly prejudiced the jury while not providing any probative value.

We review a trial court's decision to admit or exclude evidence for an abuse of discretion. Iqbal v. State, 805 N.E.2d 401, 406 (Ind.Ct.App.2004). An abuse of discretion occurs if a trial court's decision is clearly against the logic and effect of the facts and circumstances before the court. Id. However, if a trial court abused its discretion by admitting the challenged evidence, we will only reverse for that error if "the error is inconsistent with substantial justice" or if "a substantial right of the party is affected." Id. (quoting Timberlake v. State, 690 N.E.2d 243, 255 (Ind.1997). Any error caused by the admission of evidence is harmless error for which we will not reverse a conviction if the erroneously admitted evidence was cumulative of other evidence appropriately admitted. Iqbal, 805 N.E.2d at 406.

Indiana Evidence Rule 404(b) provides, in pertinent part, that:

Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, intent, preparation, plan, knowledge, identity, or absence of mistake or accident[.]

This rule is "designed to prevent the jury from assessing a defendant's present guilt on the basis of his past propensities, the so-called "forbidden inference.'" Id. (quoting Hicks v. State, 690 N.E.2d 215, 218-19 (Ind.1997)). Thus, in assessing the admissibility of evidence under Ind. Evidence Rule 404(b), the trial court must: (1) determine whether the evidence of other crimes, wrongs, or acts is relevant to a matter at issue other than the defendant's propensity to commit the charged act; and (2) balance the probative value of the evidence against its prejudicial effect pursuant to Indiana Evidence Rule 408. Hicks, 690 N.E.2d at 221. To determine whether the trial court abused its discretion, we employ the same test. See id. at 221-28. In addition, otherwise inadmissible evidence may become admissible where the defendant "opens the door" to questioning on that evidence. Jackson v. State, 728 N.E.2d 147, 152 (Ind.2000). However, "the evidence relied upon to 'open the door' must leave the trier of fact with a *911 false or misleading impression of the facts related." Id. (quoting Gilliam v. State, 270 Ind. 71, 383 N.E.2d 297, 301 (1978)).

In the instant case, after Crafton had testified, the trial court asked if the jurors had any questions regarding Craf-ton's testimony. The jury submitted written questions to the trial court, which the trial court read to the State and Crafton outside the presence of the jury. The trial court then asked the State and Crafton if they had any objections to the written questions submitted by the jury. The ree-ord reveals that after no objections were made, the trial court read the following question to Crafton:

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Bluebook (online)
821 N.E.2d 907, 2005 Ind. App. LEXIS 160, 2005 WL 267952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crafton-v-state-indctapp-2005.