Jones v. State
Jones v. State
Opinion of the Court
OPINION
Appellant, William Manual Jones (Jones), appeals his convictions for Operating a Motor Vehicle While his Driving Privileges were Forfeited for Life, a Class C felony,
We reverse and remand for a new trial.
On March 18, 1997, Police Officer Jon Bonar (Bonar), of the Fort Wayne Police Department, stopped a vehicle in which Jones was a passenger. At that time, Jones gave Bonar his correct identifying information, and he was not charged with any criminal activity. Approximately two hours later, Bo-nar stopped a different vehicle that he observed run a stop sign and make a turn without signaling. This time, Jones was the driver of the car, and gave Bonar a fake name, birthdate, and social security number. However, Bonar recalled speaking to Jones earlier that evening, and he then arrested Jones and took him to the police station to determine his true identity. Through fingerprint and police photo matching, Jones was identified.
During trial, the prosecution was required to prove beyond a reasonable doubt that Jones’ driver’s license had been suspended for life as of March 18, 1997, and that Jones operated a vehicle on that date. Jones’ trial counsel sought only to dispute the first element. In an effort to prove the lifetime suspension of Jones’ license, the prosecutor introduced, through witness Bonar, Jones’ Bureau of Motor Vehicles record (BMV rec
On redirect, in order to show that the suspension was based upon a felony conviction, the prosecutor sought to place in evidence the entire set of findings of the Noble County trial court (findings) which permanently suspended Jones’ driving privileges.
Waiver
At trial, Jones made contemporaneous objections, on several bases including relevancy, to the admission of the findings. However, Jones never specifically made an Ind. Evidence Rule 404(b)
The state argues that under a 404(b) analysis, the trial court correctly overruled Jones’ objection because he “opened the door” by questioning whether his lifetime suspension was premised upon a felony conviction as required by I.C. 9-30-10-16(b), rather than by a misdemeanor conviction, as the cause number on the abstract indicated. It has been held that when a defendant goes beyond merely denying the charge and affirmatively presents a claim contrary to the charge, e.g., that the defendant’s suspension was not for a felony and therefore could not have resulted in a lifetime suspension, the State may respond by offering evidence of prior offenses, but only to the extent that it is relevant to an issue of genuine dispute other than “character,” and not in order to show defendant’s propensity to act unlawfully. See Reynolds v. State (1995) Ind.App., 651 N.E.2d 313; Bolin v. State (1994) Ind.
Be that as it may, even if it were proper to admit evidence of a prior offense because Jones went beyond merely denying that his driving privileges had earlier been suspended for life, such evidence would be necessarily restricted to the particular issue in question, i.e., whether he was convicted of the earlier Habitual Traffic Offender charge as a felony or as a misdemeanor. We, therefore, necessarily turn to the question regarding the inclusion of the litany of prior offenses read to the jury, rather than merely the Habitual Traffic Offender conviction.
Even if prior crimes evidence is admissible, its probative value must still be weighed against the unfair prejudice.against a defendant that its admission may cause. Evid. R. 403.
Finally, having determined that the evidence was erroneously admitted, we must determine whether, as the state urges, this error in the admission of Jones’ prior convictions is harmless error in light of the overwhelming evidence against Jones. In making this determination, we will only disregard an error in the admission of evidence where its admission does not affect the substantial rights of a party. Bacher v. State (1997) Ind., 686 N.E.2d 791. The dangers of exposing the jury to the prior convictions of a defendant are abundant. Two such dangers were described in Williams v. State (1997) Ind.App., 677 N.E.2d 1077, 1081. The first is that the evidence may have resulted in Jones being convicted based upon his character rather than for the acts he committed in connection with the charges for which he was being tried. Id. (citing Swain v. State (1995) Ind.App., 647 N.E.2d 23, 24, trans. denied). Secondly, the “admission of evidence of criminal activity beyond that specifically charged [may have] ‘intolerably enlarge[d]’ the burden on the defense and ‘effectively negate[d]’ the due process presumption of innocence accorded to [Williams].” Id. (citations omitted). We hold that the admission into evi
We reverse and remand for a new trial.
. I.C. 9-30-10-17 (Burns Code Ed. Repl. 1997).
. I.C. 35-44-2-2 (Burns Code Ed. Repl. 1998).
. The findings concluded with the judge sentencing Jones to four years. The prosecutor's stated purpose in having the findings read was to show that, because the maximum penalty for a misdemeanor crime is one year and Jones was given four years, he must have been convicted of a felony.
. Evid. R. 404(b) states: "Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith.” The rule also lists several exceptions.
. Specifically, Evid. R. 403 states: “Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice_”
A relevancy objection is specific enough to preserve review under Evid. R. 403. See Williams, supra, 690 N.E.2d 162 (although relevancy objection was not adequate to obtain review under 404(b), the court still weighed the probative value of the evidence against its prejudicial nature).
. In addition, we note that no effort was made by the trial court to reduce the prejudicial nature of this evidence. There was no curative instruction given despite the fact that at least after Jones’ motion for mistrial, the trial court was fully informed of Jones’ concerns regarding the admission of his prior convictions being prejudicial to his case. Furthermore, no admonishment was given to the jury, despite the prosecutor’s amenability to such.
. In so holding however, we conclude that there was sufficient evidence presented to support a conviction on both charges. Thus, the double jeopardy clause is not implicated and retrial of Jones on the same offenses is not barred. Thompson, supra, 690 N.E.2d at 237.
Dissenting Opinion
dissenting
I respectfully dissent.
I fail to find that the admission of the questioned evidence affected the substantial rights of Jones. In the opening statement, Jones’ counsel stated to the jury:
“I don’t think that there’s going to be any question that the evidence is going to show that Mr. Jones operated a vehicle. That’s not our dispute today, but the evidence will not show beyond a reasonable doubt in the meaning of the law that he had been suspended for life as of that date.”
Therefore, the only question the jury had to decide was whether Jones’ driving privileges had been suspended for life.
There was placed in evidence a certified copy of the Bureau of Motor Vehicles Official Driving Record of Jones which showed that the Noble County Court had suspended his license for life. Upon cross-examination Jones’ counsel established the fact that the number assigned to the Noble County Court cause was a misdemeanor number and the license suspension for life does not follow a conviction for a misdemeanor. Upon redirect, the State offered a certified copy of the Noble County Court’s record of the convic-' tion which showed that the conviction was for a felony and the court forfeited Jones’ privileges of operating a motor vehicle for life.
Jones’ counsel objected on the grounds of relevancy. The trial court ruled properly when he overruled the objection. The eounty court record was relevant to show that Jones’ driving privileges had been forfeited for life. This was the exact and only question before the jury. It was also relevant to show that the conviction was for a felony and not a misdemeanor as Jones’ counsel had sought to establish on cross-examination. No objection was made to any specific part of the court record and no request was made to redact any part of the record.
In that court record the trial court made extensive findings concerning Jones’ prior criminal record. These were set out to support the trial court’s findings on aggravating circumstances. The majority opinion finds such was too prejudicial and added heavily to the burden on the defense. However, if such was error, it was certainly harmless.
In this trial there was no element of intent, no character dispute, no credibility dispute and no question of who was driving the vehicle. The sole question was whether the driving privileges had been forfeited for life. This was shown by overwhelming evidence based on the Bureau of Motor Vehicles records and the Noble County Court records.
I would affirm the conviction as to Count I, Operating a Motor Vehicle While His Driving Privileges were Forfeited for Life.
As to Count II, False Informing, I would affirm the conviction. In Jones’ opening and closing statements, no reference was made to Count II. As stated above, the only question was whether or not Jones’ driving privileges were suspended for life. There was overwhelming and uncontroverted evidence to support the False Informing charge. No instruction was offered limiting the Noble County Court record to Count I, and at no time was such a request made. Any error (if any) was harmless and did not place Jones in peril or prejudice his defense.
I would affirm the trial court on both counts.
Reference
- Full Case Name
- William Manuel JONES, Appellant-Defendant, v. STATE of Indiana, Appellee
- Cited By
- 11 cases
- Status
- Published