Rhodes v. State

771 N.E.2d 1246, 2002 WL 1746658
CourtIndiana Court of Appeals
DecidedJuly 29, 2002
Docket43A05-0110-CR-463
StatusPublished
Cited by11 cases

This text of 771 N.E.2d 1246 (Rhodes 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
Rhodes v. State, 771 N.E.2d 1246, 2002 WL 1746658 (Ind. Ct. App. 2002).

Opinions

OPINION

VAIDIK, Judge.

Case Summary

Rhodes argues that he was deprived of his right to a fair trial because the jury in his case was able to hear substantial evidence of other misconduct besides that for which he was on trial. In addition, Rhodes asserts that there was insufficient evidence to support his convictions. Because we find that the introduction of improper character evidence was so prejudicial that it rendered a fair trial impossible, we reverse Rhodes's conviction and remand for a new trial.

Facts and Procedural History

In the early morning hours of November 7, 2000, Syracuse Police Officer Joe Salazar was at a Redi-Mart gas station getting gas for his patrol car. While at the Redi-Mart, Officer Salazar saw Rhodes driving a car with his girlfriend, Marlene Ralston, sitting in the passenger seat. Rhodes drove the car to a McClure's gas station across the street from the Redi-Mart and parked the vehicle. Ralston then exited the car from the passenger side door of the car with Rhodes exiting behind her from the same door. From earlier encounters with Rhodes, Officer Salazar knew that he was a habitual traffic violator and had a suspended driver's license. Officer Salazar had also received a report that Rhodes had been drinking earlier in the night 'at local bars. Based on this information, Officer Salazar called for police back up and drove across the street to confront Rhodes with driving while having a suspended license.

Upon being confronted by Officer Salazar, Rhodes denied that he had been driving the car and told him that Ralston had been the driver. Ralston also told the officer that she was driving the car. Officer Salazar noted that Rhodes appeared intoxicated, he was swaying back and forth, his speech was slurred, his eyes were bloodshot, and his breath smelled of alcohol. Officer Scott Hand arrived to assist Officer Salazar and noted that Rhodes appeared intoxicated. Ralston also appeared to be intoxicated.

The police officers arrested Rhodes and Ralston and took them to the Syracuse Police Station. Once at the police station, the officers gave Rhodes and Ralston field sobriety tests in separate rooms. Rhodes failed the sobriety test and refused to take a certified chemical test. During this period, Rhodes repeatedly shouted to Ralston, "stick to your story." Tr. p. 288. © However, while Rhodes and Ralston were separated in different rooms, Officer Salazar advised Ralston that he knew that Rhodes was the driver and that if she continued to claim that she was driving, she would be charged with false informing. Ralston then told Officers Salazar and Hand that Rhodes was the one who had been driving the car. ‘

The State charged Rhodes with Operating While Intoxicated (OWI) as a Class A misdemeanor1 with an enhancement to a [1251]*1251Class D felony for OWI with a prior conviction,2 and Operating a Motor Vehicle While Privileges Are Suspended as a Habitual Traffic Violator (HTV).3 Rhodes's jury trial was held on August 15, 2001. At trial, Rhodes and Ralston both testified that Ralston had been driving the car. Nevertheless, the jury returned guilty verdicts on both counts. After the jury returned its verdicts, Rhodes entered a guilty plea to the Class D felony OWI enhancement. On September 11, 2001, the trial court sentenced Rhodes to executed sentences of two years on both counts with the sentences to run concurrently. This appeal ensued.

Discussion and Deaslon

Rhodes argues that he was deprived of his right to a fair trial because of the extensive introduction of improper character evidence including the introduction of Rhodes's entire driving record and testimony concerning a separate incident in which Rhodes operated a motor vehicle while his driving privileges were suspended. In addition, Rhodes asserts that there was insufficient evidence to support his convictions.

I. Admissibility of Character Evidence

Rhodes argues that he was deprived of his right to a fair trial because improper character evidence was admitted, which allowed the jury in his case to learn of other misconduct beside that for which he was on trial. The admissibility of evidence is within the sound discretion of the trial court, and the decision whether to admit evidence will not be reversed absent a showing of manifest abuse of the trial court's discretion resulting in the denial of a fair trial. Dumes v. State, 718 N.E.2d 1171, 1174 (Ind.Ct.App.1999); supplemented on reh'g by 723 N.E.2d 460 (Ind.Ct.App.2000). In determining admissibility of evidence, the reviewing court will only consider the evidence in favor of the trial court's ruling and unrefuted evidence in the defendant's favor. Id.

Indiana Evidence Rule 404(b) provides that "[elvidence 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...." See also Thompson v. State, 690 N.E.2d 224, 229 (Ind.1997); Dumes, 718 N.E.2d at 1175. The well-established rationale behind Evidence Rule 404(b) is that the jury is precluded from making the "forbidden inference" that the defendant had a criminal propensity and therefore engaged in the charged conduct. Thompson, 690 N.E.2d at 233. Indeed, the prohibition on use of prior misconduct to prove a criminal charge is "a basic tenet of criminal evi-denee law older than the republic itself." Id. at 235 (quoting Lannan v. State, 600 N.E.2d 1334, 1338 (Ind.1992)).

Even if evidence of prior bad acts is admissible, its probative value must still be weighed against the unfair prejudice against a defendant that its admission may cause. Jones v. State, 708 N.E.2d 37, 40 (Ind.Ct.App.1999) (citing Ind. Evidence Rule 403), trans. denied. In particular, evidence of a prior conviction is as prejudicial as evidence can get, and requires a strong showing of probative value. Thompson, 690 N.E.2d at 235. Our cases have long admonished that "one crime cannot be proved in order to establish another distinct crime even though they be of the same kind. Such evidence is highly prejudicial." Id. (quoting Loveless v. State, 240 Ind. 534, 539, 166 N.E.2d 864, 866 (1960)). [1252]*1252Even oblique or apparently innocuous references to prior convictions are impermissible. Thompson, 690 N.E.2d at 235.

A.. Evidence of Defendant's Character Introduced During State's Case in . Chief

During the State's case in chief, the Prosecution went to great lengths to present Rhodes's prior legal and alcohol problems to the jury. Officer Salazar testified that he knew that Rhodes was a HTV from knowledge he received from working at the Syracuse Police Department. While this evidence was proper, because it explained why Officer Salazar investigated Rhodes after he witnessed him driving a car, the Prosecution then went on to elicit from Officer Salazar that his knowledge also came from "other run ins with Mr. Rhodes.". Tr. p. 91.

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Rhodes v. State
771 N.E.2d 1246 (Indiana Court of Appeals, 2002)

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771 N.E.2d 1246, 2002 WL 1746658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhodes-v-state-indctapp-2002.