State v. Butler

415 N.W.2d 634, 1987 Iowa Sup. LEXIS 1331
CourtSupreme Court of Iowa
DecidedNovember 25, 1987
Docket86-643
StatusPublished
Cited by17 cases

This text of 415 N.W.2d 634 (State v. Butler) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Butler, 415 N.W.2d 634, 1987 Iowa Sup. LEXIS 1331 (iowa 1987).

Opinion

*635 SCHULTZ, Justice.

Defendant Henry Walter Butler was convicted of second-degree burglary in violation of Iowa Code section 713.5 (1985), and possession of burglar’s tools in violation of Iowa Code section 713.7 (1985). He was adjudged an habitual offender on both counts and was given two consecutive 15-year sentences. Defendant claims that the trial court erred in admitting evidence of his past crimes and in allowing separate sentences for the burglary and burglar's tools convictions. We affirm.

A pharmacy in Hampton, Iowa was burglarized at approximately 7:30 p.m. on November 19, 1985. The store was entered by breaking the glass front door. A few minutes after a silent alarm sounded, Gary Lundgren was arrested for the burglary. A search of Lundgren’s car revealed a police scanner, a hatchet sheath, prescription drugs for Lundgren and Michael Connors, a road atlas and a book of scanner frequencies. The atlas and scanner book had Connors’ fingerprints on them. Approximately one hour later Connors and defendant Butler entered a nearby bowling alley, out of breath, and with their shoes and pants wet. When confronted by police, both men gave false names and falsely denied knowing Lundgren. Defendant had a cut on one finger and was found with two golf gloves that had blood stains and fresh cuts on them.

After apprehending the three suspects, the police found a box containing stolen drugs, a hatchet matching the sheath from Lundgren’s car and a number of tools, including a screwdriver and a pair of modified “nippers.” 1 Glass fragments were found on Connors’ jacket and tread marks on the broken glass at the pharmacy matched the shoes of Connors and defendant. The evidence shows that all three men were acquainted. At trial, defendant denied any involvement in the burglary and his identity as one of the perpetrators became a primary issue.

I. Evidence of past offenses. Despite defendant’s motion in limine and objection at the time of trial, the State was allowed to present evidence that defendant had been convicted of committing two burglaries in 1978 and possessing burglar’s tools in 1983. All of these convictions involved defendant’s use or possession of modified nippers similar to those found in the present case. The evidence was offered to establish the identity of the defendant as a perpetrator of the present burglary. Defendant urges that the evidence was irrelevant because the presence of nippers was not such a distinctive circumstance that it linked defendant to the present offense. He further points out that there is great danger in using evidence of other crimes to establish identity, and that the use of such evidence for this purpose is circumscribed.

The issue of admissibility involves consideration of the Iowa Rules of Evidence. As a general rule, proof of prior crimes is inadmissible to show a defendant’s guilt at a subsequent trial because it ordinarily is not relevant. State v. Walsh, 318 N.W.2d 184, 185 (Iowa 1982); see Iowa R.Evid. 404(b). One exception to this rule permits proof of prior crimes where it is relevant to establish a defendant’s identity as the perpetrator of the present crime. Walsh, 318 N.W.2d at 185; Iowa R.Evid. 404(b). For the exception to apply two things must be established. First, the evidence must be relevant to prove identity, and second, the probative value of the evidence must outweigh the prejudicial effect of showing that defendant has committed other crimes. State v. Barrett, 401 N.W. 2d 184, 187 (Iowa 1987); Walsh, 318 N.W.2d at 185. Evidence which meets the relevancy test is prima facie admissible, notwithstanding its tendency to show the accused’s bad character. Barrett, 401 N.W.2d at 187.

Evidence is relevant if it tends to make the existence of any fact in issue *636 more or less probable. Iowa R.Evid. 401; see Walsh, 318 N.W.2d at 185. Where prior crimes evidence is offered to prove identity, the test of relevancy is whether the prior crime and the crime for which defendant is being charged reveal circumstances that are “strikingly similar” or of a “unique nature,” such that involvement in the prior- crime makes it more likely that defendant was involved in the present crime. Walsh, 318 N.W.2d at 185.

In a detailed pretrial ruling on defendant’s motion in limine, the trial court determined that the evidence of other crimes was relevant to prove defendant’s identity, and that the probative value of the evidence was not outweighed by the potential for unfair prejudice to the defendant. It also overruled objections to the evidence at the time of trial. On appeal, the trial court’s ruling on admissibility will not be disturbed unless it constitutes an abuse of discretion. State v. Spargo, 364 N.W.2d 203, 209 (Iowa 1985). Our review discloses no such abuse.

Defendant denied any involvement in the Hampton burglary. He and his wife testified that they had driven from Minneapolis to Hampton and had gone directly to the bowling alley to meet Connors. This testimony puts in issue defendant’s presence at the crime scene.

The evidence of prior burglaries and the possession of burglar’s tools all involve a modified nippers similar to the one found with the items taken from the pharmacy. Two officers with over thirty years combined experience testified they had never seen such a tool used in connection with a burglary, except by the defendant. A third officer knew of others who had used the tool, but stated that most of them were accomplices of the defendant. We conclude that the uniqueness of the modified nippers, defendant’s near exclusive use of such a tool in the past and the striking similarity between the nippers involved in the prior and present crimes, meet the test of relevancy.

Our conclusion is supported by the fact that the two 1978 burglary convictions shared other similar circumstances with the present case. For example, both prior burglary convictions involved a drug store where drugs were taken and one of them involved use of a hatchet. Sufficient evidence supported the trial court’s determination of relevancy and we affirm that determination.

We also conclude that the trial court did not abuse its discretion in determining that the danger of prejudice did not outweigh the probative value of the evidence. The evidence was very probative on the issue of identity and the jury was instructed to consider it only for the proper purpose. The evidence was not such that it would inflame the jury and block out a rational determination of guilt or innocence. See State v. Johnson, 237 N.W.2d 819, 822 (Iowa 1976).

II. Separate crimes and sentences. Defendant urges that the trial court erred in imposing consecutive 15-year sentences for the separate offenses of burglary and possession of burglar’s tools. He argues that the possession offense merged into the burglary offense and that it was therefore illegal to enter judgment and sentence on both counts.

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Bluebook (online)
415 N.W.2d 634, 1987 Iowa Sup. LEXIS 1331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-butler-iowa-1987.