State v. Maylett

Idaho Court of Appeals

State v. Maylett

701 P.2d 291, 108 Idaho 671, 1985 Ida. App. LEXIS 810

CourtIdaho Court of Appeals

DecidedMay 29, 1985

Docket15675

StatusPublished

Cited by34 cases

This text of 701 P.2d 291 (State v. Maylett) 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. Maylett, 701 P.2d 291, 108 Idaho 671, 1985 Ida. App. LEXIS 810 (Idaho Ct. App. 1985).

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Opinions

WALTERS, Chief Judge.

Boyd Franklyn Maylett was found guilty by a jury of sexual abuse of a child under the age of sixteen years, I.C. § 18-1506, a felony. A judgment of conviction was entered and Maylett appeals. We affirm.

The prosecution’s Information alleged that Maylett solicited a thirteen-year old girl “to participate in a sexual act, by masturbating himself in front of the child and causing the child to take her clothes off in the same room with himself while he was nude, with the intent to gratify the sexual desire of himself.” On appeal, Maylett raises two issues. First, he contends the district court erred by refusing to grant Maylett’s motion to dismiss the charge. Second, he asserts the district court erred in allowing the state to present testimony to the jury regarding a series of other incidents of conduct by Maylett similar to the acts for which Maylett was on trial. We will examine these issues in turn.

I

Maylett was bound over for trial in district court following a preliminary examination before a magistrate. In district court, Maylett moved to dismiss the charge, contending the evidence presented to the magistrate was not sufficient to establish probable cause. I.C.R. 5.1(b). The district court denied Maylett’s motion. Continuing to challenge the sufficiency of the preliminary examination evidence, Maylett requests appellate review of the district court’s ruling.

Our review of such an issue is limited in scope. When a defendant has been convicted following a fair trial, we will not examine, on appeal, the sufficiency of the evidence presented at a preliminary examination upon which a magistrate determined there was probable cause to bind the defendant-appellant over to district court for trial. See State v. Mitchell, 104 Idaho 493, 660 P.2d 1336, cert. denied, 461 U.S. 934, 103 S.Ct. 2101, 77 L.Ed.2d 308 (1983); State v. Pierce, 107 Idaho 96, 685 P.2d 887 (Ct.App.1984). With the exception of the question next discussed in this opinion, Maylett has not raised any issue to suggest that he did not receive a fair trial. Because we hold against Maylett on the following question, we find that Maylett was convicted after a fair trial. Therefore, we decline to examine the sufficiency of the evidence presented at Maylett’s preliminary examination.

II

The second issue raised by Maylett concerns admission of testimony of prior, uncharged sexual contacts between Maylett and the victim and between Maylett and the victim’s twin sister. The two girls were Maylett’s stepdaughters; all three lived together in the same household. The district court denied Maylett’s motion to exclude the girls’ testimony concerning other acts. However, the court did restrict the testimony to a one-year period preceding the alleged date of the incident with which Maylett was charged. Additionally, the trial court admonished the jury with a [673]*673limiting instruction concerning the use of such evidence.¹ At the close of the evidence the court further instructed the jury regarding evidence admitted for a limited purpose.²

The victim was allowed to testify to seven incidents which were similar to the charge against Maylett; the victim’s sister was allowed to testify to three incidents concerning sexual advances made by Maylett toward her.³ Upon an offer of proof by the state in advance of presentation of the testimony to the jury, the trial court considered the relevancy of the proffered testimony and whether its probative value would be outweighed by prejudice to the defendant. The court concluded the evidence — if limited to the immediately preceding one-year period — was relevant to show a common scheme and plan, motive, intent, lustful disposition and opportunity to commit the crime charged “in a family situation.” In so ruling, the trial court relied upon our recent decisions in State v. Greensweig, 102 Idaho 794, 641 P.2d 340 (Ct.App.1982) and State v. Boothe, 103 Idaho 187, 646 P.2d 429 (Ct.App.1982).

We believe the trial court properly concluded that the proffered testimony was relevant as probative of Maylett’s intent to use the victim to gratify his sexual desires. The court also properly limited the proof of prior acts to a period not too remote in time. Finally, the court articulated its balancing rationale in considering whether the probative value of the evidence might be substantially outweighed by the danger of unfair prejudice to the defendant. We hold the trial court did not abuse its discretion in admitting the testimony of prior sexual conduct between Maylett and the victim and between Maylett and the victim’s sister.

The judgment of conviction is affirmed.

SWANSTROM, J., concurs.

¹

."Members of the jury. Evidence may be introduced for the purpose of showing that the defendant has engaged in prior similar conduct or activity other than that for which he is on trial. Such evidence, if believed, is not to be received and may not be considered by you to prove that he is a person of bad character or that he has a disposition to commit crimes.

Such evidence may be received and may be considered by you only for the limited purpose of determining, if it tends to show, one, a characteristic method, plan or scheme in the commission of criminal acts similar to the method, plan or scheme used in the commission of the offense in this case, which would further tend to show the existence of the intent, which is a necessary element of the crime charged; or two, a clear connection between the offense and the one of which defendant is accused so that it may be logically concluded that if defendant committed the offenses, he also committed the crime charged in this case; or three, the absence of mistake or accident.

For the limited purpose for which you may consider such evidence, you must weigh it in the same manner you do all other evidence in the case. You are not permitted to consider such evidence for any other purpose.”

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WALTERS, Chief Judge.

Boyd Franklyn Maylett was found guilty by a jury of sexual abuse of a child under the age of sixteen years, I.C. § 18-1506, a felony. A judgment of conviction was entered and Maylett appeals. We affirm.

The prosecution’s Information alleged that Maylett solicited a thirteen-year old girl “to participate in a sexual act, by masturbating himself in front of the child and causing the child to take her clothes off in the same room with himself while he was nude, with the intent to gratify the sexual desire of himself.” On appeal, Maylett raises two issues. First, he contends the district court erred by refusing to grant Maylett’s motion to dismiss the charge. Second, he asserts the district court erred in allowing the state to present testimony to the jury regarding a series of other incidents of conduct by Maylett similar to the acts for which Maylett was on trial. We will examine these issues in turn.

I

Maylett was bound over for trial in district court following a preliminary examination before a magistrate. In district court, Maylett moved to dismiss the charge, contending the evidence presented to the magistrate was not sufficient to establish probable cause. I.C.R. 5.1(b). The district court denied Maylett’s motion. Continuing to challenge the sufficiency of the preliminary examination evidence, Maylett requests appellate review of the district court’s ruling.

Our review of such an issue is limited in scope. When a defendant has been convicted following a fair trial, we will not examine, on appeal, the sufficiency of the evidence presented at a preliminary examination upon which a magistrate determined there was probable cause to bind the defendant-appellant over to district court for trial. See State v. Mitchell, 104 Idaho 493, 660 P.2d 1336, cert. denied, 461 U.S. 934, 103 S.Ct. 2101, 77 L.Ed.2d 308 (1983); State v. Pierce, 107 Idaho 96, 685 P.2d 887 (Ct.App.1984). With the exception of the question next discussed in this opinion, Maylett has not raised any issue to suggest that he did not receive a fair trial. Because we hold against Maylett on the following question, we find that Maylett was convicted after a fair trial. Therefore, we decline to examine the sufficiency of the evidence presented at Maylett’s preliminary examination.

II

The second issue raised by Maylett concerns admission of testimony of prior, uncharged sexual contacts between Maylett and the victim and between Maylett and the victim’s twin sister. The two girls were Maylett’s stepdaughters; all three lived together in the same household. The district court denied Maylett’s motion to exclude the girls’ testimony concerning other acts. However, the court did restrict the testimony to a one-year period preceding the alleged date of the incident with which Maylett was charged. Additionally, the trial court admonished the jury with a [673]*673limiting instruction concerning the use of such evidence.¹ At the close of the evidence the court further instructed the jury regarding evidence admitted for a limited purpose.²

The victim was allowed to testify to seven incidents which were similar to the charge against Maylett; the victim’s sister was allowed to testify to three incidents concerning sexual advances made by Maylett toward her.³ Upon an offer of proof by the state in advance of presentation of the testimony to the jury, the trial court considered the relevancy of the proffered testimony and whether its probative value would be outweighed by prejudice to the defendant. The court concluded the evidence — if limited to the immediately preceding one-year period — was relevant to show a common scheme and plan, motive, intent, lustful disposition and opportunity to commit the crime charged “in a family situation.” In so ruling, the trial court relied upon our recent decisions in State v. Greensweig, 102 Idaho 794, 641 P.2d 340 (Ct.App.1982) and State v. Boothe, 103 Idaho 187, 646 P.2d 429 (Ct.App.1982).

We believe the trial court properly concluded that the proffered testimony was relevant as probative of Maylett’s intent to use the victim to gratify his sexual desires. The court also properly limited the proof of prior acts to a period not too remote in time. Finally, the court articulated its balancing rationale in considering whether the probative value of the evidence might be substantially outweighed by the danger of unfair prejudice to the defendant. We hold the trial court did not abuse its discretion in admitting the testimony of prior sexual conduct between Maylett and the victim and between Maylett and the victim’s sister.

The judgment of conviction is affirmed.

SWANSTROM, J., concurs.

¹

."Members of the jury. Evidence may be introduced for the purpose of showing that the defendant has engaged in prior similar conduct or activity other than that for which he is on trial. Such evidence, if believed, is not to be received and may not be considered by you to prove that he is a person of bad character or that he has a disposition to commit crimes.

Such evidence may be received and may be considered by you only for the limited purpose of determining, if it tends to show, one, a characteristic method, plan or scheme in the commission of criminal acts similar to the method, plan or scheme used in the commission of the offense in this case, which would further tend to show the existence of the intent, which is a necessary element of the crime charged; or two, a clear connection between the offense and the one of which defendant is accused so that it may be logically concluded that if defendant committed the offenses, he also committed the crime charged in this case; or three, the absence of mistake or accident.

For the limited purpose for which you may consider such evidence, you must weigh it in the same manner you do all other evidence in the case. You are not permitted to consider such evidence for any other purpose.”

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701 P.2d 291, 108 Idaho 671, 1985 Ida. App. LEXIS 810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-maylett-idahoctapp-1985.

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