Craigg v. State

2012 Ark. 387, 424 S.W.3d 264, 2012 WL 4829813, 2012 Ark. LEXIS 414
CourtSupreme Court of Arkansas
DecidedOctober 11, 2012
DocketNo. CR 12-128
StatusPublished
Cited by20 cases

This text of 2012 Ark. 387 (Craigg v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Craigg v. State, 2012 Ark. 387, 424 S.W.3d 264, 2012 WL 4829813, 2012 Ark. LEXIS 414 (Ark. 2012).

Opinion

JIM GUNTER, Justice.

_JjA Washington County jury convicted appellant Anthony Craigg of rape and sentenced him to life in prison without the possibility of parole. On appeal, he argues that the trial judge erred by allowing the introduction of a prior offense into evidence under Arkansas Rule of Evidence 404(b). Because appellant was convicted of rape and sentenced to life imprisonment without parole, our jurisdiction is pursuant to Arkansas Supreme Court Rule 1-2(a)(2). We affirm because the trial judge did not abuse his discretion in finding that appellant’s prior conviction satisfied the pedophile exception to Rule 404(b).

On July 15, 2011, the State filed a felony information charging appellant with one count of rape and one count of failure to comply with sex offender registration requirements. Specifically, the State alleged that appellant engaged in oral sex with a victim who was physically helpless and unable to consent in violation of Arkansas Code Annotated section 5-14-103(a)(2) (Repl.2006). In an amended felony information, the State dropped the failure-! 2to-register count and added a habitual-offender enhancement under Arkansas Code Annotated section 5-4-501 (Repl.2006).

On November 4, 2011, appellant filed a motion to determine the admissibility of his prior conviction in Oklahoma for lewd molestation during trial and for purposes of penalty enhancement. On November 21, 2011, the trial judge held a hearing on appellant’s motion.

The first witness to testify was Detective Gregory Samuels of the Fayetteville Police Department. Samuels interviewed the fourteen-year-old victim, J.P., during the early morning hours of June 11, 2011, and summarized J.P.’s account of what happened, between him and appellant as follows. J.P. explained that he had known appellant for about a month, and although they were not “friends,” the two shared a common interest in scooters. On June 10, 2011, J.P. and appellant spent most of the afternoon working on appellant’s scooter. Later that evening, J.P. and appellant decided to go camping. They set up a campsite at a wooded area on the south end of Fayetteville, which was not visible from nearby roads. At some point, J.P. fell asleep and awoke to find his shirt pulled up, his pants pulled down, and appellant leaning over him performing oral sex on him. J.P. then struck appellant’s face with his knee, got up, grabbed appellant’s shirt, wallet, and shoes, and ran to a nearby-house to call the police.

The second witness to testify was Shannon Cozzoni, formerly a prosecutor in Creek County, Oklahoma, who prosecuted appellant for lewd molestation in 1998. Cozzoni’s testimony was as follows. Some time in 1995, appellant was visiting the victim’s mother’s home and began “playing barbies” with the four-year-old victim in her bedroom. The | .¡victim’s mother and possibly one other adult were in the home, but were asleep in another part of the house. The victim claimed that during their play session appellant pulled her pants down and “licked her pee-pee.” Appellant was charged under a statute which provides that it is a felony to knowingly and intentionally “look upon, touch, maul, or feel the body or private parts of a child under 16 in a lewd and lascivious manner.” 1 Appellant pled guilty to this charge and was sentenced to twenty years’ imprisonment with the first ten suspended.

During oral argument before the trial judge, appellant claimed that his prior conviction was inadmissible under Arkansas Rule of Evidence 404(b).2 Specifically, appellant maintained that his prior conviction did not fall within any exception to Rule 404(b) because it had no independent relevance to the crime charged. He further contended that the pedophile exception was inapplicable because there was insufficient similarity between the two incidents, a significant amount of time had passed since the first incident, and there was no evidence that appellant had an intimate relationship with either victim.

The State, on the other hand, argued that appellant’s prior conviction fit within the pedophile exception to Rule 404(b) because in each instance appellant engineered his assault by getting his victims alone and engaging them based on common interests. The State further |4pointed out that the nature of the assault was the same because appellant performed oral sex on both victims.

At the close of the hearing, the trial judge told the parties that he needed more time to review the received exhibits and instructed them to submit briefs on the issues raised during the hearing. The judge indicated, however, that his inclination was to allow the State to introduce the conviction at trial. The State filed its post-hearing brief on November 23, 2011, and appellant filed a response on November 28, 2011.

At the December 1, 2011 pretrial hearing, the judge issued his formal ruling denying what he construed to be appellant’s motion in limine to prohibit the State from introducing his prior conviction. The judge explained as follows.

I have concluded that the conviction is admissible and the State will be permitted to offer that in evidence and I came to that conclusion because I feel as though that conviction, certainly as the case law indicated, helps prove the depraved sexual instinct of the accused. I have concluded that the probative value of that evidence clearly outweighs any prejudicial effect and that the evidence will be admissible to show motive, intent, or plan under 404(b) exception. I realize that, well, to me the evidence is relevant on these particular issues, so that’s my ruling.

Appellant then reiterated his objection to this evidence and stated that any discussion of the conviction with the panel during voir dire should not waive his continuing objection.

At trial, the State called David Max Cook, who was the Creek County, Oklahoma District Attorney in 1998. Cook authenticated a certified photocopy of the judgment and sentence in appellant’s case dated April 10, 1998. Cook testified that he charged appellant under the aforementioned lewd molestation statute and that appellant pled guilty prior to his nonjury-trial setting. Appellant successfully prohibited the State from adducing the age of the IsOklahoma victim and the details of appellant’s assault through a timely and sustained Confrontation Clause objection to such inquiry. At the conclusion of the State’s direct examination of Cook, and over appellant’s continuing objection to the applicability of the pedophile exception to his prior conviction, the trial judge admitted the judgment and sentence into evidence.

In addition to Cook, the State put on the testimony of Donald Stanfield, the homeowner who allowed J.P.

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Bluebook (online)
2012 Ark. 387, 424 S.W.3d 264, 2012 WL 4829813, 2012 Ark. LEXIS 414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craigg-v-state-ark-2012.