State v. Smith

Supreme Judicial Court of Maine
State v. Smith, 551 A.2d 449 (Me. 1988)
1988 Me. LEXIS 298
McKusick, Roberts, Wathen, Glassman, Clifford, Hornby, Collins

State v. Smith

Opinion

MEMORANDUM OF DECISION.

A Superior Court jury (Cumberland County, Fritzsche, J.) convicted Raymond Smith of theft by unauthorized taking, 17-A M.R.S.A. § 353 (1983), violating the Charitable Solicitations Act, 9 M.R.S.A. § 5014 (1980 & Supp. 1986), and witness tampering, 17-A M.R.S.A. § 454 (Supp. 1986). Contrary to defendant’s contention, admission of evidence of defendant’s prior convictions for violating the Charitable Solicitations Act did not constitute obvious error. The challenged evidence was admissible as relevant to defendant’s knowledge, motive, and intent. See M.R.Evid. 404(b); State v. DeLong, 505 A.2d 803, 806 (Me. 1986). Furthermore, the court properly found that the danger of unfair prejudice did not outweigh the probative value of the evidence. See M.R.Evid. 403; State v. Hurd, 360 A.2d 525, 527 n. 5 (Me. 1976).

The entry is:

Judgment affirmed.

All concurring.

Reference

Full Case Name
STATE of Maine v. Raymond SMITH
Status
Published