State v. Jones

398 S.W.3d 518, 2013 WL 519548, 2013 Mo. App. LEXIS 184
Missouri Court of Appeals·Decided February 13, 2013·No. No. ED 97956·Published·Cited by 6 cases

Opinion

KURT S. ODENWALD, Judge.

Introduction

The appellant, David Jones (“Jones”), appeals from the judgment entered upon a jury verdict finding Jones guilty of first-degree assault, Section 565.050,1 and armed criminal action, Section 571.015. Jones asserts two points of error on appeal. First, Jones argues that the trial court erred in prohibiting him from arguing to the jury during his closing argument that his “liberty” was at stake. Second, Jones contends that the trial court erred in admitting the full transcript of his interrogation, including statements by the interrogating police officer questioning his version of facts surrounding the physical altercation at issue. Finding no prejudicial error, we affirm the judgment of the trial court.

Factual and Procedural History

Viewed in the light most favorable to the verdict, the evidence produced at trial is as follows. During October 2010, property owned by Virgie Woods (“Woods”) was burglarized. On November 4, 2010, Woods was performing yard work at the same property and asked a passerby for some help with the yard work. The individual suggested Woods ask Jones for help. Woods discussed the work with Jones, which included general yard work and repair of a basement door damaged during the burglary. Woods brought Jones inside the basement to show him the damage and discuss the repair.

Once in the basement, Jones became visibly agitated. Woods asked Jones whether he knew, or had heard, anything about the burglary. Jones denied any knowledge or participation in the burglary. Jones then began to curse and physically attack Woods. Jones repeatedly slashed Woods with a box cutter until Woods was able to fight Jones off. Woods briefly chased after Jones, but eventually gave up the chase due to his injuries. Woods reported the incident to police and Jones was later arrested.

On December 14, 2010, after being read his Miranda rights, Jones was interrogated by Officer Scott Paiva (“Officer Paiva”) about the altercation. Jones claimed that Woods was the initial aggressor and, with the help of an unknown third party, struck Jones repeatedly with the butt of a pistol. Jones admitted to struggling, and possibly accidentally cutting Woods with a knife, but argued that his actions were in self-defense. Jones also claimed that Woods [521] had seriously wounded him during the exchange. Officer Paiva observed that Jones had no apparent injuries as a result of the altercation, and opined to Jones that the injuries Jones described likely would not have healed to the point of being undetectable given the duration of only five weeks between the altercation and the interrogation. Jones said his wounds had healed completely because he used a homemade salve consisting of witch hazel and antiseptics. Officer Paiva also asked Jones why he did not file a police report given Jones’s assertion that Woods had assaulted him.

The State charged Jones with, inter alia, first-degree assault and armed criminal action. Prior to trial, Jones moved that the trial court redact from his statement the portions of Officer Paiva’s interrogation in which Officer Paiva expressed his opinions of medical facts and of the propensity of individuals who act in self-defense to notify police of the assault which gave rise to the acts of self-defense. The trial court denied Jones’s motion on grounds that Officer Paiva’s statements were not improper opinion evidence introduced to establish those facts, but were merely part of the give-and-take of questioning a suspect during an interrogation.

At trial, State offered into evidence the full transcript of the interrogation, over Jones’s renewed objection. Both Jones and Woods testified as to their different versions of the physical altercation. Prior to closing argument, the trial court granted a motion in limine by State prohibiting Jones from mentioning during his closing argument that Jones’s “liberty” was at stake. A jury returned a verdict finding Jones guilty of first-degree assault and armed criminal action, and the trial court entered a judgment accordingly. This appeal follows.

Points on Appeal

In his first point on appeal, Jones argues that the trial court committed prejudicial error in prohibiting him from arguing to the jury during his closing argument that the jury’s decision would affect his liberty.

In his second point on appeal, Jones argues that the trial court erred in admitting Jones’s full statement made during the police interrogation, which included comments that Officer Paiva was skeptical that the altercation occurred as Jones described because Jones did not have visible scars or injuries and did not notify the police of the assault against him.

Standards of Review

We review a trial court’s judgment regulating the content of closing argument for an abuse of the trial court’s discretion. State v. Tramble, 383 S.W.3d 34, 37 (Mo. App. E.D.2012) (internal citation omitted). Even if we find the presence of error, we will not reverse the trial court’s judgment unless we find the error prejudiced the defendant in such a manner that a reasonable probability exists that the error affected the outcome at trial. Id.

We also review the admission of evidence for an abuse of the trial court’s discretion. State v. Forrest, 183 S.W.3d 218, 223 (Mo. banc 2006). We will affirm the trial court’s judgment unless the trial court’s ruling is clearly against the logic of the circumstances, indicates a lack of careful consideration, and the error was so prejudicial so as to deprive the defendant of a fair trial. Id.

Discussion

I. The trial court did not commit prejudicial error in limiting closing argument.

Jones’s first point on appeal addresses the trial court’s refusal to allow [522] Jones to tell the jury during closing argument that the jury’s decision would affect his liberty. The State argues that Jones was properly precluded from arguing that his “liberty” was at issue because the word “liberty” applies only to the punishment Jones might receive if convicted, and the consideration of punishment is not relevant to the jury’s inquiry of whether Jones was guilty. The State further contends that any comments regarding punishment were irrelevant to the jury’s decision because Jones was charged as a prior offender, and therefore any sentencing would be performed by the court, not the jury, under Section 557.036. Adopting this reasoning, the trial court prohibited Jones from using the word “libei'ty” during his closing argument, but allowed Jones to argue to the jury that the outcome of their decision could have significant and long-term effects on him.

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State v. Jones, 398 S.W.3d 518, 2013 WL 519548, 2013 Mo. App. LEXIS 184 (Mo. Ct. App. 2013).

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