State v. Wright

978 S.W.2d 495, 1998 Mo. App. LEXIS 1959, 1998 WL 761345
Missouri Court of Appeals·Decided November 3, 1998·No. No. WD 38031·Published·Cited by 6 cases

Opinion

ULRICH, Presiding Judge.

Willie Wright appeals from his conviction following jury trial for one count of arson in the first degree, section 569.040, RSMo 1994, and sentenced to ten years imprisonment. He claims that the trial court erred (1) in admitting the testimony of a police officer that a witness identified Mr. Wright from mugshots and in admitting the mugshots, and (2) in permitting the prosecutor to comment during voir dire regarding Mr. Wright’s right not to testify. The judgment of conviction is affirmed.

Warren Williams, a self-employed house painter, met the appellant, Willie Wright, in late June 1985. Mr. Wright wanted to have his house painted, so he gave Mr. Williams his address and asked Mr. Williams to look at the house. When Mr. Williams attempted to find the house, he discovered that the address did not exist. In a telephone conversation a few days later, Mr. Williams informed Mr. Wright that he could not find the house. Mr. Wright then gave Mi’. Williams a different address, which Mr. Williams unsuccessfully attempted to find. Mr. Williams again informed Mr. Wright he could not find the house, and Mr. Wright offered to drive Mr. Williams to it. Mr. Williams told Mr. Wright that he did not believe that Mr. Wright had a house for him to paint and refused to go with him.

A few days later, Mr. Wright approached Mr. Williams and asked him if he knew a woman named Linda. Mr. Williams denied knowing the woman. Mr. Wright then showed Mr. Williams a picture of Linda and explained that she was his wife and that he had seen Mr. Williams with her. Again, Mr. Williams denied knowing her, and the conversation ended.

At approximately 1:45 a.m. on July 4,1985, Mr. Wright went to Mr. Williams’s house looking for him. Mrs. Williams answered the door, and Mr. Wright asked to speak to her husband about purchasing some paint. Mrs. Williams told Mr. Wright to leave, and he did. For several days thereafter, Mr. Wright made several phone calls to the Williams’ home asking for Mr. Williams.

At approximately 6:00 p.m. on July 10, 1985, Mr. Williams observed Mr. Wright sitting in a car a few blocks from his house. At about 8:45 p.m., Mr. Wright telephoned Mr. Williams and warned him, “You think I’m [498] jiving, but you better send me that woman.” When Mr. Williams responded that he did not know her, Mr. Wright abruptly hung up. Concerned about the phone call, Mr. Williams called the police, who arrived a little after 9:00 p.m. and took Mr. Williams’s statement.

At approximately 12:40 a.m. on July 11, 1985, Mr. Williams was still awake waiting for his wife to return home from work. He looked out of a bedroom window and saw Mr. Wright light an object and throw it through the window. The object exploded into flames igniting the drapes and walls of the house. Mr. Williams escaped from the house, and the fire department soon arrived. Fire investigators determined that the fire was started with a Molotov cocktail-a glass bottle with a wick and flammable liquid.

After the fire, Mr. Williams told police that Mr. Wright had set the fire. At the time, however, he only knew Mr. Wright by his first name, Willie. Later, Mr. Williams learned Mr. Wright’s license plate number, and reported the information to the police. From the license plate number, the police determined that the car belonged to Willie Davis, which was an alias Mr. Wright used. The police then placed a photograph of Mr. Wright in a photo line-up that included photographs of other men and showed the lineup to Mr. Williams. Mr. Williams identified Mr. Wright as the person who had started the fire in his home.

Mr. Wright was charged with one count of first degree arson. Mr. Wright did not testify at the trial but called several witnesses, including his mother, who testified that he had arrived home at approximately 11:00 p.m. on the night of July 10, 1985, and did not leave the house the rest of the night, Mr. Wright was convicted of the charged offense, and the court sentenced him to ten years imprisonment. This appeal followed.

I. Admission of Mugshots

In Mr. Wright’s first point on appeal, he claims that the trial court erred in admitting the testimony of a police officer that Mr. Williams had identified Mr. Wright from police photographs prepared and used for identification of individuals (“mugshots”) and in admitting the mugshots. He argues that the evidence, coupled with testimony that police researched his license plate number through the police computer and learned that he had an alias, improperly communicated to the jury that he had a prior criminal history. While Mr. Wright objected to the introduction of the mugshots, he did not object to the terms “mugshots” or “alias” during the police officer’s testimony. Review of the claimed errors regarding the admission of the police officer’s testimony is, therefore, for plain error pursuant to Rule 30.20. Relief under the plain error standard is granted only when an alleged error so substantially affects a defendant’s rights that a manifest injustice or miscarriage of justice inexorably results if left uncorrected. State v. Tivis, 933 S.W.2d 843, 846 (Mo.App. W.D.1996).

Testimony concerning the use of mugshots that discloses that a defendant has committed other crimes is improper. Id. at 846. The mere fact that a police department had on file the photograph of a defendant, however, does not lead to the inference that the defendant has committed prior crimes. Id. A defendant has the burden to show that the use of the term “mugshot” constitutes evidence of prior crimes. State v. Harris, 534 S.W.2d 516, 519 (Mo.App.1976). To make such a showing, a defendant has two alternatives: first, he could prove that all mugshots or photographs on file with the police department are photographs of people who had committed crimes, or second, he could prove that the average juror erroneously believes that persons whose photographs are on file with the police department have committed crimes. Id. at 519-520.

In this ease, a police officer testified that Mr. Williams identified Mr. Wright through a photo lineup as the man who started the fire:

Q [PROSECUTOR]: After you determined who the person was who owned the car with that license number, what did you then do?
A [POLICE OFFICER]: I obtained a photograph of the party and four similar photographs to arrange a photospread line-up.
[499] Q: I’m handing you what’s previously been marked as State’s Exhibits 8,9,10,11 and 12. I’ll ask you to look through those and see if you can identify those photographs?
A: Yes.
Q: What are those?
A: These are the mugshots I assembled for the photospread.
Q: Now, sir, after you had assembled that photographic array, what did you do with it?
A: I contacted Mr. Williams and had him come to the office, and showed him the photospread and asked him if he could identify anybody in that group of pictures. Q: Did he write anything on any of the photographs?
A: Yes, ma'am, he did.
Q: Which photograph is it that has his writing on the back of it?

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State v. Wright, 978 S.W.2d 495, 1998 Mo. App. LEXIS 1959, 1998 WL 761345 (Mo. Ct. App. 1998).

978 S.W.2d 495 (State v. Wright) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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