Galindo v. State
| Decision Date | 23 January 1978 |
| Docket Number | No. F-77-398,F-77-398 |
| Citation | 573 P.2d 1217 |
| Parties | Robert GALINDO, Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
The appellant, Robert Galindo, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Pittsburg County, Case No. CRF-76-206, for the offense of Kidnapping to-wit: one Kerry Lee Hyden, nine-year-old daughter of the defendant's ex-wife, in violation of 21 O.S.1971, § 741. He was tried by a jury and convicted; and said conviction being subsequent to a prior felony conviction, the jury in a bifurcated proceeding sentenced the defendant to twenty-six (26) years' imprisonment. From said judgment and sentence a timely appeal has been perfected to this Court.
Since this case must be reversed and remanded for a new trial we deem it unnecessary to set forth the facts. The defendant argues that the State committed reversible error by introducing testimony of the victim's mother that three months prior to the alleged kidnapping for which he was on trial, the defendant had admitted having twice had sexual relations with a fourteen-year-old girl. The defendant further complains that he was prejudiced in his fundamental rights when the victim's mother and sister were permitted to testify that the defendant had attempted to have sexual relations with the sister, again, three months prior to the incident out of which the present charge arose.
We agree with the defendant's arguments. The rule is well established that when an accused is put on trial for one offense he or she is to be convicted, if at all, by evidence which establishes guilt for that offense alone, and proof of guilt of offenses not connected with that for which he or she is on trial must be excluded. Rea v. State, 3 Okl.Cr. 269, 105 P. 381 (1909); and Gray v. State, Okl.Cr., 527 P.2d 338 (1974). There are five recognized exceptions to this rule, whereby evidence of other crimes may be admitted if it is material and proper to show: one, motive; two, intent; three, absence of mistake or accident; four, identity of the person charged with the commission of the crime for which the accused is on trial; and five, common scheme or plan embracing the commission of two or more crimes so related to each other that proof of one tends to establish the other. Roulston v. State,...
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Burks v. State
...568 P.2d 1327 (1977); Chandler v. State, Okl.Cr., 572 P.2d 285 (1977); Breshers v. State, Okl.Cr., 572 P.2d 561 (1977); Galindo v. State, Okl.Cr., 573 P.2d 1217 (1978); and, Robinson v. State, Okl.Cr., 574 P.2d 1069 (1978). In addition, there have been a number of unpublished cases involvin......
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Frye v. State
...embracing the commission of two or more crimes so related to each other that proof of one tends to establish the other. Galindo v. State, Okl.Cr., 573 P.2d 1217 (1978); Burks v. State, Okl.Cr., 568 P.2d 1311 (1977). The appellants argue that adultery is not similar to murder and does not co......
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Kirkwood v. State, F–2016–481
...in the introduction of the evidence.¶ 3 Exceptions found in § 2404B are to be used with caution. Galindo v. State , 1978 OK CR 4, ¶ 4, 573 P.2d 1217, 1218. This caution is necessary to avoid problems of painting a defendant with the broad brush of propensity. Here, the State was clearly att......
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Wright v. State
...exceptions to this prohibition is the use of another crime to show intent. Atnip v. State, Okl.Cr., 564 P.2d 660 (1977); Galindo v. State, Okl.Cr., 573 P.2d 1217 (1978). In Perkins v. State, Okl.Cr., 514 P.2d 690 (1973), we held that evidence of a shooting was properly admitted in a burglar......