State v. Sackett

499 N.W.2d 312, 1993 Iowa App. LEXIS 25, 1993 WL 141641
Court of Appeals of Iowa·Decided February 23, 1993·No. 91-713·Published·Cited by 2 cases

Opinion

SCHLEGEL, Judge.

The defendant, Tyrel Sackett, appeals his convictions, following a jury trial, of second-degree sexual abuse in violation of Iowa Code section 709.3(2) (1991) and lascivious acts with a child in violation of Iowa Code section 709.8(1) (1991). He contends the district court erred in: (1) limiting his cross-examination of an accomplice regarding the accomplice’s plea agreement with the State; and (2) denying his motions for judgment of acquittal based on the alleged insufficiency of the evidence against him.

During Sackett’s jury trial, Judy Smith testified she and Sackett became lovers in April of 1990, and she testified Sackett molested her daughter, S.S., both in and outside of her presence over the course of this relationship. Smith stated Sackett forced S.S. to both watch and participate on several occasions when Sackett and Smith performed sexual acts.

During the defense’s cross-examination of Smith, Smith testified the State had originally charged her with second-degree sexual abuse and felony child endangerment. However, the State dismissed the second-degree sexual abuse charge and permitted Smith to plead guilty to the aggravated misdemeanor of child endangerment not resulting in serious injury in exchange for testifying against Sackett. The State objected to defense counsel’s attempt to elicit testimony from Smith during cross-examination concerning the reduction in the maximum sentence as a result of the plea bargain on the ground that such testimony would reveal the potential sentence facing Sackett on the second-degree sexual abuse count.

More specifically, defense counsel sought to elicit from Smith the fact that the maximum penalty for the crime with which Smith was originally charged was twenty-five years, while the maximum penalty for the crime to which Smith pleaded guilty was only two years. Defense counsel’s purpose in eliciting this testimony was to show Smith’s bias as an alleged accomplice who was testifying for the prosecution pursuant to a plea agreement.

Following a hearing outside the presence of the jury, the district court sustained the State’s objection, stating the jury was not to be exposed to the possible penalties for each of the crimes because the defendant was charged with the same offense and the matter of penalty was not within the province of the jury. The court ruled, however, that defense counsel could elicit testimony that Smith received a benefit as a result of the plea agreement. When cross-examination resumed, Smith admitted to the jury she had received a “large benefit” under the agreement.

S.S. also testified at trial regarding sexual relations with Sackett, although her testimony varied from Smith’s in some respects. In addition, testimony was presented that Jerry Smith, Judy Smith’s former husband, had been suspected of sexually abusing S.S. in 1987.

After the district court denied Sackett’s motions for judgment of acquittal, the jury found Sackett guilty as charged. Sackett filed a motion in arrest of judgment, and for a new trial, alleging the district court’s refusal to permit him to fully cross-examine Judy Smith concerning her plea agreement violated his state and federal constitutional rights to due process, to a fair trial, to confront and cross-examine witnesses, and to effective assistance of counsel. The district court denied Sackett’s posttrial motions, entered judgment, and sentenced Sackett to consecutive, indeterminate prison terms of up to twenty-five and five years on the respective counts. Sackett appeals.

We review for an abuse of discretion. In order to show an abuse of discretion, one generally must show that the court exercised its discretion “ ‘on grounds or for reasons clearly untenable or to an extent clearly unreasonable.’ ” State v. Blackwell, 238 N.W.2d 131, 138 (Iowa 1976) (quoting Weeks v. Burnor, 132 Vt. 603, 326 A.2d 138, 140 (1974)). To the *314 extent the defendant is alleging error involving a constitutional right, we make an independent evaluation of the totality of the relevant circumstances to determine if such an error was made. Rinehart v. State, 234 N.W.2d 649, 658 (Iowa 1975); State v. Jeffries, 417 N.W.2d 237, 239 (Iowa App.1987).

Initially, Sackett contends the trial court erred by prohibiting him from cross-examining Judy Smith about the relative maximum penalties for the crimes for which she was charged as contrasted with the charge to which she pleaded guilty as probative of Smith’s credibility as a witness. Sackett further asserts that defense counsel’s opportunity to inform the jury that Smith received a “large benefit” was simply not adequate to demonstrate the extent of the inducement for Smith’s testimony. We disagree.

In State v. Armento, 256 N.W.2d 228, 229 (Iowa 1977), the supreme court recognized that the right of a party to impeach a witness by showing bias or interest is well established. The Armento court noted:

A defendant should be permitted wide latitude in seeking to show bias of an alleged accomplice who testifies for the prosecution. The pendency of the same charge against an accomplice creates a reason for him to testify favorably for the State to curry favor in order to obtain leniency.
The rule allowing great or liberal latitude in the cross-examination by defendant of a witness for the prosecution, with respect to his motive for testifying, is especially applicable where such witness is a codefendant or accomplice of the accused ... and whose testimony against defendant may be influenced by a promise of, or hope or expectation of, immunity or leniency with respect to his case as a consideration for testifying against the defendant.

Id.

The Armento court held it was error for the district court to prohibit the defendant’s accomplice to testify to the penalty for first-degree murder. However, the court determined the ruling was not reversible error, stating:

The jury obviously knew first-degree murder carries a most serious penalty. That the jury did not known [sic] precisely what [the accomplice witness] believed the penalty to be could not materially have affected the jury’s impression of his motivation in testifying for the State. In these circumstances it does not sufficiently appear that his rights were injuriously affected or that he suffered a miscarriage of justice.

Id. at 230.

This same issue was considered in State v. Horn, 282 N.W.2d 717 (Iowa 1979). The Horn court drew upon its discussion in Armento, holding the trial court’s refusal to permit questions of a witness regarding the penalties for lesser-included offenses was not reversible error where defense counsel had been permitted to elicit testimony from the witness concerning the penalty for first-degree murder.

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State v. Sackett, 499 N.W.2d 312, 1993 Iowa App. LEXIS 25, 1993 WL 141641 (iowactapp 1993).

499 N.W.2d 312 (State v. Sackett) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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