State v. Felder

245 P.3d 1021, 150 Idaho 269, 2010 Ida. App. LEXIS 104
CourtIdaho Court of Appeals
DecidedDecember 13, 2010
Docket35523
StatusPublished
Cited by25 cases

This text of 245 P.3d 1021 (State v. Felder) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Felder, 245 P.3d 1021, 150 Idaho 269, 2010 Ida. App. LEXIS 104 (Idaho Ct. App. 2010).

Opinion

GUTIERREZ, Judge.

Kenneth Franklin Felder appeals from the judgment of conviction and sentences entered upon a jury verdict finding him guilty of three counts of lewd conduct with a minor under sixteen. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

Felder was indicted by a grand jury on three counts of lewd conduct with a minor under sixteen, Idaho Code § 18-1508, for acts he committed against his stepdaughter, A.K. The abuse began when A.K. was in third grade and continued until she was in fifth grade when she disclosed the abuse to a school counselor who, in turn, notified the police. When questioned by law enforcement, Felder admitted to having committed some acts against A.K. five to ten times over the course of a year and a half. Two months later, after A.K.’s mother filed for divorce, Felder claimed for the first time that A.K. had fabricated the allegations. He continued to deny the allegations at trial, testifying that he believed A.K. had fabricated the allegations because she did not like him and because he was a strict disciplinarian, and asserting that he had only confessed to the police because they had threatened to take his children away.

The jury found Felder guilty of all three counts of lewd conduct with a minor. The district court entered a judgment of conviction and imposed concurrent sentences of twenty-five years, with ten years determinate. Felder filed a timely Rule 35 motion for reduction of sentence, which the court denied. Felder now appeals the judgment of conviction, asserting several instances of prosecutorial misconduct and contending that the sentence imposed is excessive.

II.

ANALYSIS

A. Prosecutorial Misconduct

Felder contends that the prosecutor violated his right to a fair trial by impermissibly vouching for the victim, misrepresenting the facts in evidence, shifting the burden of proof, and appealing to the passions and prejudices of the jury in closing argument. He concedes that the comments were not objected to below, but argues that they amount to fundamental error such that we may address the issue for the first time on appeal.

Recently in State v. Perry, 150 Idaho 209, 245 P.3d 961 (2010), the Idaho Supreme Court articulated the standard of review on a claim of fundamental error where a defendant asserts that an error occurred at trial— which it explicitly stated included allegations of prosecutorial misconduct. The court summarized the standards applicable both when there was a contemporaneous objection and when there was not, the latter of which is applicable here:

(2) If the alleged error was not followed by a contemporaneous objection, it shall *272 only be reviewed by an appellate court under Idaho’s fundamental error doctrine. Such review includes a three-prong inquiry wherein the defendant bears the burden of persuading the appellate court that the alleged error: (1) violates one or more of the defendant’s unwaived constitutional rights; (2) plainly exists (without the need for any additional information not contained in the appellate record, including information as to whether the failure to object was a tactical decision); and (3) was not harmless. If the defendant persuades the appellate court that the complained of error satisfies this three-prong inquiry, then the appellate court shall vacate and remand.

Id. at-, 245 P.3d at 980. Employing this standard, we examine each of Felder’s allegations of prosecutorial misconduct.

1. Vouching for credibility

Felder’s first assertion of prosecutorial misconduct is that the prosecutor improperly vouched for the credibility of the victim. Initially, he points to the following statement in the prosecutor’s closing argument:

For you to believe that [A.K.] would somehow be able to make up these allegations that somehow in doing so, that the state would be able to wrap itself around the allegations and just happen to find all of these coincidences would make you think that [AK.] is so sophisticated and so smart that she could fool people who do this every day____

The prosecutor followed the statement with an explanation of how AK.’s disclosures corresponded to when Felder began having sole care of her and when she later became “disconnected” at school. Felder contends that by arguing that AK. would have had to “fool people who do this every day,” including implicitly the prosecutor’s office, in attempting to explain why she was believable, the prosecutor was “implicitly saying that the State believes her and the State would not be able to find all the coincidences if she was not believable.” He contends that by placing herself in the arguments and implying that the victim could not fool the state, the prosecutor was vouching for the credibility of A.K.

Felder points to other statements he contends are similar, wherein the prosecutor explained to the jury that if A.K. had made inconsistent statements, that fact would have been brought to the jury’s attention. Specifically, the prosecutor stated:

She tells her friend. Her friend encourages her to tell [a teacher]. She goes to CARES. She tells CARES what happened. And ladies and gentlemen, what is important about all of this is that each of these persons has come to testify, not her little friend ..., but all these other people have come. And if she had said anything inconsistent, [AK.] had been inconsistent with [the teacher], with CARES, with what the police understood, you would have heard about it.
You would have heard about it in cross examination. You would have heard how he brings out inconsistencies in [AK.’s] stories, just as the state did with the defendant and how inconsistent he has been throughout his entire testimony today with what he told Detective Zakarian seven and a half months ago. You see, you would have known if [AK.] had been inconsistent about any of it, but you never heard about it at all.

Felder contends that this statement “vouches for the victim, implying that the prosecutor knows A.K. has never been inconsistent.”

Closing argument serves to sharpen and clarify the issues for resolution by the trier of fact in a criminal case. State v. Gross, 146 Idaho 15, 18, 189 P.3d 477, 480 (Ct.App.2008); State v. Timmons, 145 Idaho 279, 288, 178 P.3d 644, 653 (Ct.App.2007). Its purpose is to enlighten the jury and to help jurors remember and interpret the evidence. Id. Both sides have traditionally been afforded considerable latitude in closing argument to the jury and are entitled to discuss fully, from their respective standpoints, the evidence and the inferences to be drawn therefrom. State v. Sheahan, 139 Idaho 267, 280, 77 P.3d 956, 969 (2003); Gross, 146 Idaho at 18, 189 P.3d at 480.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Granger
508 P.3d 335 (Idaho Court of Appeals, 2022)
State v. Verwer
Idaho Court of Appeals, 2021
State v. Oberg
Idaho Court of Appeals, 2021
State v. Jay
Idaho Court of Appeals, 2021
State v. Golden, Sr.
473 P.3d 377 (Idaho Court of Appeals, 2020)
State v. McCoy
Idaho Court of Appeals, 2020
State v. Williams
479 P.3d 445 (Idaho Court of Appeals, 2020)
State v. Hollis
Idaho Court of Appeals, 2020
State v. Steel
Idaho Court of Appeals, 2019
State v. Droogs
Idaho Court of Appeals, 2019
45723 State v. Hall
Idaho Court of Appeals, 2019
State v. Carpentier
Idaho Court of Appeals, 2019
State v. Herrera
Idaho Supreme Court, 2018
State v. Brandon Eddins
330 P.3d 391 (Idaho Court of Appeals, 2014)
Battery
Idaho Court of Appeals, 2014
State v. Iverson
316 P.3d 682 (Idaho Court of Appeals, 2014)
State v. Ronald E. Anderson
Idaho Court of Appeals, 2013
State v. Leotis B. Branigh, III
313 P.3d 732 (Idaho Court of Appeals, 2013)
Robert J. Frauenberger
297 P.3d 257 (Idaho Court of Appeals, 2013)
State v. Judy Ann Mendoza
Idaho Court of Appeals, 2011

Cite This Page — Counsel Stack

Bluebook (online)
245 P.3d 1021, 150 Idaho 269, 2010 Ida. App. LEXIS 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-felder-idahoctapp-2010.