State v. Labrum

2014 UT App 5, 318 P.3d 1151, 751 Utah Adv. Rep. 9, 2014 WL 69026, 2014 Utah App. LEXIS 3
CourtCourt of Appeals of Utah
DecidedJanuary 9, 2014
DocketNo. 20120678-CA
StatusPublished
Cited by23 cases

This text of 2014 UT App 5 (State v. Labrum) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Labrum, 2014 UT App 5, 318 P.3d 1151, 751 Utah Adv. Rep. 9, 2014 WL 69026, 2014 Utah App. LEXIS 3 (Utah Ct. App. 2014).

Opinion

McHUGH, Judge:

T1 Troy Dean Labrum appeals from a conviction for assault, enhanced to a class A misdemeanor for causing substantial bodily injury. See Utah Code Ann. § 76-5-102(1), (8)(a) (LexisNexis 2012). Labrum challenges the admission of evidence at trial relating to prior alleged assaults. He also argues that the evidence of substantial bodily injury was insufficient to support his conviction. We affirm.

BACKGROUND

12 Labrum's conviction arose out of an altercation during the early hours of March 6, 2011, between Labrum and his then-wife (Wife).1 The couple initially began to argue over Wife's attempts to clean their house and to repair a damaged wall in their basement with spackling paste. Labrum followed Wife while she was cleaning and repairing the house, yelling at her because he was irritated by the smell of the spackling paste she was using to repair the drywall. During a break in the argument, around 1:00 a.m., Wife noticed that Labrum had gone to the basement. She decided to go to sleep and turned off the lights on the main floor of the house. Around 2:80 a.m., Labrum ran upstairs screaming at Wife that she had turned off the lights "'on purpose to make [him] mad." After Labrum left the bedroom, Wife decided to leave the house because she believed that Labrum would become violent. She got her purse and a set of keys and walked out the door. However, she quickly changed her mind and returned to bed while still holding the set of keys.

13 At this point, Wife's and Labrum's versions of events diverge. According to Wife, Labrum returned to the bedroom and asked her to move over so that he could get in the bed. When Wife told him to sleep in another room, Labrum began to strike Wife in the face with a full Gatorade bottle, hitting her a total of six times across her face. By the third blow, Wife was able to pull the covers over her head in an attempt to block Labrum's attacks. After Labrum stopped hitting Wife, she put her hands down and positioned the set of keys so that an individual key was protruding between each of her fingers. Labrum then "flopped down onto [her]," landing on the keys. Labrum got up, spun around, and punched Wife on the right side of her forehead. Before Labrum walked out of the room, he stated, " 'I told you never to touch me'" and, " 'You deserve what you get." Wife fled to her mother's house, and Wife's mother immediately drove her to the hospital.

14 Labrum's account differed markedly from Wife's. According to Labrum, he went upstairs to go to bed but was unable to turn on the bedroom lights because they were controlled by a remote that was not by the entrance to the room. As Labrum went to sit on the bed, he "started feeling punches in [his] back" and felt something pierce him in his back. Labrum then swung his arm back [1154]*1154while holding a Gatorade bottle, not intentionally but out of "instinct." He acknowledged that his arm must have struck Wife's head but claimed that he did not hit Wife more than onee. When Wife yelled and turned on the lights, Labrum noticed that she had keys protruding between her fingers. Wife then left the house.

{5 The State charged Labrum with class A misdemeanor assault for causing substantial bodily injury. The magistrate bound him over for trial after a preliminary hearing on July 14, 2011. Labrum filed a motion to quash the bindover on the ground that the State had failed to produce sufficient evidence that Wife suffered "substantial bodily injury." The trial court denied the motion.

T 6 On February 24, 2012, the State filed a notice of intent to introduce evidence pursuant to rule 404(b) of the Utah Rules of Evidence.2 Specifically, the State wanted to introduce Wife's testimony that she took the keys to bed and placed them between her fingers to protect herself from Labrum, who had physically attacked her three times in the eight months prior to the March 6, 2011 attack. Because Labrum had indicated that self-defense would be an issue at trial, the State also sought to admit the evidence to overcome any suggestion that Labrum was acting in self-defense.

T7 The proposed other acts evidence included an incident in August 2010, where an argument between the couple escalated to the point that Labrum pushed Wife against a couch,. When Wife got up and tried to walk away, Labrum pushed her down the stairs and walked on top of her.3 Although Wife called the police, when they arrived at the house she told them that there was no need to make a formal report. Wife later claimed that she did so because Labrum threatened that if the police entered the house, he would kill her and them. There is no written report of the incident in the record. The see-ond prior incident occurred on February 5, 2011, when Labrum became upset because Wife was "leaving to go to [her] parent's home to borrow some money." Labrum flipped Wife off and he "ran his finger[nail] ... up the side of [her] face and cut the side of [her] face up through [her] eyelid." Wife did not call the police after this altercation. The third prior incident occurred on February 28, 2011. Wife and Labrum were engaged in a heated discussion when Labrum punched a hole in the bedroom door, kicked out two bathroom vanity doors, strangled Wife, threw her against the wall when she tried to walk away, threatened to take Wife to the Great Salt Lake and shoot her, and threatened that "after he finished [Wife] off{,] he would take care of [Wife's] family." Wife did not call the police to report this incident either. And although Labrum's nine-year-old daughter stayed with Wife and Labrum about half of the time, she was not present during any of these prior attacks.

T8 Labrum objected to the introduction of the other acts evidence and filed a memorandum in support of his objection. Labrum argued that the incidents were not offered for a proper purpose, that they were irrelevant and unfairly prejudicial, and that the admission of this evidence would confuse the issues, mislead the jury, and waste the trial court's time.

T9 After a hearing on March 5, 2012, the trial court granted the State's motion, allowing the introduction of the other acts evidence at trial. In its written order, the trial court indicated that the other acts evidence was "admissible for the proper non-character purposes of (1) showing [Wife's] state of mind/providing context to her decision to bring keys with her to bed before the alleged [1155]*1155assault and (2) to rebut [Labrum's] claim of self-defense." The trial court then determined that the evidence was relevant under rules 401 and 402 "for the same reasons.4 The trial court also determined that the probative value of the three prior incidents was not substantially outweighed by the danger of unfair prejudice under rule 403, and that the evidence was therefore admissible under rule 404(b).5

¶ 10 During a one-day jury trial, Wife recounted her version of the March 6, 2011 attack. Wife also indicated that when she went to the hospital, she was told that she had suffered a contusion on her forehead as well as severe bruising and swelling of her face and eyes. She explained that the hospital staff called the police. The responding officer took Wife's statement and numerous photographs of her injuries.

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Cite This Page — Counsel Stack

Bluebook (online)
2014 UT App 5, 318 P.3d 1151, 751 Utah Adv. Rep. 9, 2014 WL 69026, 2014 Utah App. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-labrum-utahctapp-2014.