State v. Reyes

2005 SD 46, 695 N.W.2d 245, 2005 S.D. LEXIS 46
CourtSouth Dakota Supreme Court
DecidedMarch 30, 2005
DocketNone
StatusPublished
Cited by10 cases

This text of 2005 SD 46 (State v. Reyes) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Reyes, 2005 SD 46, 695 N.W.2d 245, 2005 S.D. LEXIS 46 (S.D. 2005).

Opinions

ZINTER, Justice.

[¶ 1.] Anthony Reyes appeals his convictions of kidnapping, first degree rape, and sexual contact with a child under sixteen. We affirm.

Facts and Procedural History

[¶ 2.] Anthony Reyes, 20 years old at the time of trial, lived his entire life with his mother. He had previously pleaded guilty to sexual contact with N.O., a six-[249]*249year-old boy. This case, involved R.M., an eight-year-old boy.

[¶3.] The facts supporting the jury verdict reflect that on February 12, 2003, R.M. was walking home from school alone. He had gotten out of school at approximately 1:40 p.m., and it usually took ten or twenty minutes to get home. However, on this day, R.M. did not get home until 2:15 p.m. R.M. testified that the delay - was caused by an incident with Reyes. Although R.M. had never seen Reyes before, he noticed Reyes standing in his yard. Reyes called out for R.M. to come over, but R.M. continued walking. Reyes then came out of his yard and told R.M. to “come here.” R.M. testified that he told Reyes he did not want to go with him, but Reyes told R.M. to come with him into the backyard. R.M. testified Reyes further indicated that he was not going to hurt him. R.M. eventually accompanied Reyes into his backyard because Reyes “was older.”

[¶ 4.] After going into the backyard, Reyes took R.M. into a shed. Once in the shed, Reyes kissed R.M., put his hand in R.M.’s pants, and “touched inside his butt.” In the course of this assault, Reyes asked R.M. the specific question “why can’t I rape you?” Reyes then offered to give R.M. money, a car, or a present. R.M. testified that Reyes made him promise not to tell anyone and to come back the next day. R.M. stated that he crossed his fingers because he would never keep a secret like that.

[¶ 5.] R.M. immediately ran home and told his mother what had happened. Law enforcement came to R.M.’s home and talked to him for approximately twenty minutes. A detective testified that R.M. acted bashful, embarrassed, and quiet. During the interview, R.M. identified Reyes in a photo lineup. R.M. also showed two officers where the assault had occurred.

[¶ 6.] After taking R.M. home, the two officers returned to Reyes’ house. Detective Holbrook explained to Reyes and his mother that they were investigating a report they had received and that Reyes probably knew what he was talking about. Holbrook and Reyes went outside, and Reyes initially denied knowing what Hol-brook was referring to. Eventually, however, Reyes said that he saw the little boy outside, but that he had not done anything to him. Reyes then became noticeably nervous and tears welled up in his eyes. Reyes also voluntarily told Holbrook that he was a registered sex offender and that he knew this incident had something to do with N.O.

[¶ 7.] Holbrook then went into the backyard and observed the shed that R.M. had described. Holbrook also observed large and small footprints in the snow. Holbrook testified that there were larger footprints between the house and the shed, and there were smaller, footprints between the shed and a gate to the alley.

[¶ 8.] One week after the assault, R.M. was interviewed by Lora Hawkins, a forensic interviewer at the Child Advocacy Center of the Black Hills. The video tape of this interview, with a few redactions, was shown to the jury.

[¶ 9.] Reyes relied upon an alibi defense at trial. His mother testified that he did not leave the house the entire afternoon. She stated that Reyes had gone outside for a cigarette that afternoon, but she was sitting in the kitchen and would have seen him leave the yard or pass by the window if he had gone into the backyard. Reyes’ uncle supported the alibi by testifying that he called Reyes shortly be[250]*250fore 2:00 p.m.1 The uncle’s testimony suggested that Reyes could not have committed the offense because the uncle arrived at the Reyes’ home soon after 2:00 p.m. and stayed to do some things around the house.

[¶ 10.] The jury found Reyes guilty of all three offenses. One month after the trial, and after finding corroborating records of the uncle’s phone call, Reyes moved for a new trial. The motion was denied.

[¶ 11.] Reyes appeals raising the following issues:

1. Whether the trial court erred in admitting the prior sexual contact conviction involving N.O.;
2. Whether the trial court erred in allowing the jury to watch the videotaped, forensic interview of R.M. and whether the trial court erred in allowing the forensic interviewer to testify at trial;
3. Whether the trial court erred in denying Reyes’ motion for a new trial following the post-trial discovery of evidence corroborating some alibi evidence;
4. Whether the evidence was sufficient to support the verdict on kidnapping.

Decision

Other Acts Evidence

[¶ 12.] Reyes contends that the trial court erred in admitting evidence of Reyes’ prior sexual contact with N.O. Reyes asserts that this evidence was used to establish that Reyes had the propensity to sexually abuse young boys, an improper purpose under SDCL 19-12-5 (Rule 404(b)).2

[¶ 13.] “In reviewing a trial court’s decision to admit other acts evidence, this Court will not overrule the trial court’s decision unless there is an abuse of discretion.” State v. Jolley, 2003 SD 5, ¶ 5, 656 N.W.2d 305, 307 (citations omitted). This Court does not determine whether we would have admitted the other acts evidence, “but whether the trial court sitting in this case abused its discretion by doing so.” Id. (citations omitted).

[¶ 14.] A trial court’s decision to admit other acts is controlled by SDCL 19-12-5 (Rule 404(b)).

Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

Under this rule “the admissibility of other acts evidence depends on a two-step analysis: (1) Whether the evidence is relevant to an issue other than character, and (2) whether ‘the probative value of the evidence is substantially outweighed by its prejudicial effect.’ ” State v. Wright, 1999 [251]*251SD 50, ¶ 17, 593 N.W.2d 792, 800 (citation omitted). The first prong concerns factual relevancy; i.e., whether the prior acts evidence tends to make the existence of an admissible fact more or less probable. State v. Chamley, 1997 SD 107, ¶ 10, 568 N.W.2d 607, 611. The second prong concerns legal relevancy; i.e., “whether the probative value of the proffered evidence substantially outweighs the danger of unfair prejudice, confusion of the issues, misleading the jury, or by considerations of undue delay, waste of time or needless presentation of cumulative evidence.” Id.

[¶ 15.] Because Reyes relied upon an alibi defense, identity was a fact issue in this case.

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State v. Reyes
2005 SD 46 (South Dakota Supreme Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
2005 SD 46, 695 N.W.2d 245, 2005 S.D. LEXIS 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-reyes-sd-2005.