Guill v. Commonwealth

495 S.E.2d 489, 255 Va. 134, 1998 Va. LEXIS 26
CourtSupreme Court of Virginia
DecidedJanuary 9, 1998
DocketRecord 971153
StatusPublished
Cited by107 cases

This text of 495 S.E.2d 489 (Guill v. Commonwealth) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guill v. Commonwealth, 495 S.E.2d 489, 255 Va. 134, 1998 Va. LEXIS 26 (Va. 1998).

Opinions

JUSTICE KEENAN delivered the opinion of the Court.

In this criminal appeal, the dispositive issue is whether the trial court erred in admitting evidence of another crime committed by the defendant for the purpose of proving his intent to commit the crime charged.

Dwayne Edward Guill was indicted for unlawfully and feloniously breaking and entering a dwelling house in the nighttime with the intent to commit murder, rape, or robbery in violation of Code § 18.2-90. He was tried by the Circuit Court of Charlotte County, sitting without a jury, and was found guilty as charged. The trial court sentenced Guill to confinement in the penitentiary for 20 years, with execution of 5 years suspended.

[137]*137We state the evidence taken at trial in the light most favorable to the Commonwealth, the prevailing party below. Roach v. Commonwealth, 251 Va. 324, 329, 468 S.E.2d 98, 101, cert. denied, 519 U.S. _, 117 S.Ct. 365 (1996); Graham v. Commonwealth, 250 Va. 79, 81, 459 S.E.2d 97, 98, cert. denied, 516 U.S. 997 (1995). On May 22, 1995, at about 2:00 a.m., Guill broke and entered the home of Danny and Donna Crews who were asleep in their bedroom. The Crews’ two daughters, ages five and seven, were also in the house at the time. The girls shared a bed in a ground floor bedroom, which was illuminated both by an outdoor safety light and by a light inside the house.

Mr. Crews testified that he awakened and heard his daughters talking. When he arose and walked into the kitchen, he saw Guill, a stranger, backing out of the girls’ bedroom. Crews confronted Guill, stating, “[M]an, what in the hell are you doing in my house.” In response, Guill reached for his back pocket with his right hand and said, “I’ll cut your f___ing head off.” After the two men looked at each other “for a second or two,” Guill ran out the back door.

Mr. Crews stated that although there were open ground floor windows in the living room and the master bedroom, Guill entered the house by taking a twelve-foot ladder from the basement and climbing through a bathroom window. The open windows were located in a portion of the house which was illuminated by exterior light, while there were no exterior lights in the area near the bathroom window. In a hallway just outside the bathroom, Mrs. Crews had left a purse containing $200 in plain view, as well as her keys.

Over Guill’s objection, the Commonwealth called a witness who stated that, in 1985 when she was 16 years old, Guill broke and entered the house in which she was sharing an upstairs room with her 15 year-old female cousin. The witness testified that she and her cousin were asleep when Guill, a stranger to the two girls, got into the witness’ bed with his shirt off, kissed her, and attempted to rape her. According to the witness, Guill “told my cousin that if I [did not] be quiet he was going to kill me.”

Three weeks after the incident at the Crews’ residence, Guill was arrested. He made a statement to the police in which he gave the following explanation. He stated that he stopped at the Crews’ house because his vehicle “ran out of gas.” He first attempted to get some gasoline out of a truck on the Crews’ property and then broke into their house to find keys to open some locked gas tanks.

[138]*138Guill also told the police that he entered the house by using a ladder to go through a bathroom window. Once in the house, he looked around for keys “and heard the kid wake up.” When he told her to be quiet, she started crying. Guill stated that, at this point, he “got up and went out of the room and as I did I met the man.” Guill did not testify at the trial.

The trial court found the defendant guilty after ruling that evidence of the 1985 crime was admissible because it was of “such ... a similar nature” to the present offense. The Court of Appeals affirmed the trial court’s judgment in an unpublished opinion, holding that the 1985 crime and the present offense were “sufficiently similar to be probative of [the defendant’s] intent,” and that the evidence of his prior conduct was admissible for the “narrow purpose of proving, elucidating, or explaining [the defendant’s] intent.”

On appeal to this Court, the defendant argues that evidence of the 1985 crime was irrelevant because the facts of the present offense contain no evidence of an intent to commit rape. The defendant also asserts that the trial court erred in admitting evidence of the 1985 crime because it was dissimilar to the present offense.

In response, the Commonwealth asserts that evidence of the 1985 crime was admissible to prove the defendant’s intent in the crime charged based on his conduct on the prior occasion. We disagree with the Commonwealth and hold that the Court of Appeals erred in affirming the trial court’s ruling on this issue.

Evidence that shows or tends to show a defendant has committed a prior crime generally is inadmissible to prove the crime charged. Woodfin v. Commonwealth, 236 Va. 89, 95, 372 S.E.2d 377, 380 (1988), cert. denied, 490 U.S. 1009 (1989); Kirkpatrick v. Commonwealth, 211 Va. 269, 272, 176 S.E.2d 802, 805 (1970). Such evidence implicating an accused in other crimes unrelated to the charged offense is inadmissible because it may confuse the issues being tried and cause undue prejudice to the defendant. See Boggs v. Commonwealth, 199 Va. 478, 486, 100 S.E.2d 766, 772 (1957). There are several exceptions to the general rule excluding this type of evidence.

Evidence of “other crimes” is relevant and admissible if it tends to prove any element of the offense charged. Kirkpatrick, 211 Va. at 272, 176 S.E.2d at 805. Thus, evidence of other crimes is allowed when it tends to prove motive, intent, or knowledge of the defendant. Id. Among other exceptions, evidence of other crimes also is allowed if relevant to show the perpetrator’s identity when some aspects of the prior crime are so distinctive or idiosyncratic that the [139]*139fact finder reasonably could infer that the same person committed both crimes. Spencer v. Commonwealth, 240 Va. 78, 90, 393 S.E.2d 609, 616, cert. denied, 498 U.S. 908 (1990).

Admission of evidence under these exceptions, however, is subject to the further requirement that the legitimate probative value of the evidence must exceed the incidental prejudice caused the defendant. Lewis v. Commonwealth, 225 Va. 497, 502, 303 S.E.2d 890, 893 (1983). Further, the admission of such “other crimes” evidence is prohibited when its only purpose is to show that the defendant has a propensity to commit crimes or a particular type of crime and, therefore, probably committed the offense for which he is being tried. Kirkpatrick, 211 Va. at 272, 176 S.E.2d at 805.

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Bluebook (online)
495 S.E.2d 489, 255 Va. 134, 1998 Va. LEXIS 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guill-v-commonwealth-va-1998.