Prindle v. State

• Decision Date: 17 September 1997
• Docket Number: No. 97-27,97-27
• Citation: 945 P.2d 1180
• Parties: Thomas James PRINDLE, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).
• Court: Wyoming Supreme Court

Page 1180

945 P.2d 1180

Thomas James PRINDLE, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

No. 97-27.

Supreme Court of Wyoming.

Sept. 17, 1997.

Sylvia Lee Hackl, State Public Defender; Donna Domonkos, Appellate Counsel; Michael Dinnerstein, Director, Wyoming Defender Aid Program; Arturo A. Aguilar and Kevin Sullivan, Student Interns, Wyoming Defender Aid Program, for Appellant.

William U. Hill, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Kimberly A. Baker-Musick, Assistant Attorney General, for Appellee.

Before TAYLOR, C.J., and THOMAS, MACY, GOLDEN and LEHMAN, JJ.

GOLDEN, Justice.

Thomas James Prindle (Prindle) appeals from his grand larceny (auto theft) conviction, raising issues concerning jury selection, unfairly prejudicial evidence, erroneous instructions to the jury and prosecutorial misconduct. After reviewing the record, we find Prindle received a fair trial. We affirm.

ISSUES

Appellant Prindle presents the following statement of the issues:

1. Did the court deprive the appellant of his fundamental constitutional right to a fair trial by refusing to excuse a juror for cause who was clearly biased?

2. Did the court deprived [sic] the appellant of his due process right to a fair trial by refusing to bar evidence that he fled from the police even though it was more prejudicial than probative, by improperly drawing the jury's attention to that evidence by giving an instruction on flight over defense counsel's objection, and by failing to explain to the jury that there may have been reasons for the appellant's flight fully consistent with innocence of the crime with which the appellant was charged?

3. Did the prosecutor deprive the appellant of a fair trial by improperly arguing during his summation matters that were never introduced into evidence at trial?

Appellee State replies with these issues:

I. Whether the district court abused its discretion when it refused to dismiss a juror for cause?

II. Whether the district court abused its discretion when it allowed evidence of appellant's flight from police?

III. Whether the district court erred in instructing the jury?

IV. Whether statements made by the prosecutor during closing argument deprived appellant of a fair trial?

FACTS

At 2:00 p.m. on May 18, 1996, the victim went into Foster's Country Corner, in Laramie, Wyoming, to play pool, leaving her keys in her car. At 6:00 p.m. she discovered that her car was missing, and the police were When Prindle pulled into a rest area, Deputy Cochran followed him and activated his flashers. Prindle then pulled further into the rest area, and Deputy Cochran followed. When Deputy Cochran exited his vehicle and approached Prindle, Prindle drove away, leading the deputy and other officers on a high speed chase. Prindle eventually flipped his car and was apprehended. A video device in Deputy Cochran's car captured the chase on tape. Upon running a check on the license plates on the car Prindle was driving, Deputy Cochran learned it had been reported stolen from Laramie, Wyoming.

notified. At approximately 10:00 p.m. on that same night, Nebraska law enforcement personnel were alerted that a possible drunk driver was headed east on Interstate 80 near Ogallala, Nebraska. Deputy Sheriff Cochran observed Prindle driving on the interstate at a speed of thirty-five miles-per-hour in an area where the posted speed limit was sixty-five miles-per-hour. The vehicle Prindle was driving was weaving within the traffic lane.

Prindle was charged with stealing the victim's car, in violation of WYO. STAT. § 6-3-402(a) and (c)(i). Before trial, Prindle filed a motion in limine to prevent the use of the video tape from Deputy Cochran's car as evidence. Prindle argued that the tape was more prejudicial than probative. The trial court, however, disagreed, denied Prindle's motion in limine, and allowed the tape to be introduced into evidence.

At trial Prindle challenged a venireperson for cause because her father was in the F.B.I. for twenty-five years, her brother-in-law was a Texas police officer, and she had been a robbery victim. The trial court denied Prindle's challenge for cause, and Prindle used a peremptory challenge to remove her from the jury panel. Prindle used all of his peremptory challenges during panel selection.

The jury found Prindle guilty of larceny, and the judge subsequently sentenced Prindle to no less than five years and no longer than nine years, with credit for time served in the Albany County Detention Center. Prindle timely filed this appeal.

DISCUSSION

Failure to dismiss a potential juror

Prindle contends he did not receive a fair trial by a fair and impartial jury because a potential juror was biased against him, and he was forced to use one of his peremptory challenges when the trial court refused to dismiss the juror for cause. Article 1, § 10 of the Wyoming Constitution provides, in pertinent part, "[i]n all criminal prosecutions the accused shall have the right to ... a speedy trial by an impartial jury...." Further, a potential juror may be challenged for cause if that person "has formed or expressed an opinion as to the guilt or innocence of the accused, or is biased or prejudiced for or against the accused." WYO. STAT. § 7-11-105(a)(ii) (1997).

The test to be applied in determining whether a prospective juror should be dismissed for cause is whether that person would render a fair and impartial verdict based on the evidence presented at trial and the instructions given by the court. Munoz v. State, 849 P.2d 1299, 1302 (Wyo.1993). Whether a juror is biased is a question of fact for the trial judge. Jahnke v. State, 682 P.2d 991, 1000 (Wyo.1984). A trial judge's decision will only be reviewed for an abuse of discretion. Munoz, 849 P.2d at 1302.

Kerns v. State, 920 P.2d 632, 635 (Wyo.1996). There is no abuse of discretion where the trial court could reasonably conclude as it did. Schwenke v. State, 768 P.2d 1031, 1035 (Wyo.1989).

Prindle claims that the potential juror should have been dismissed for cause because her father was in the F.B.I. for twenty-five years, her brother-in-law was a police officer in Texas, and she had been the victim of a crime. The court denied Prindle's challenge for cause, and Prindle was forced to use one of his peremptory challenges to remove the potential juror in question. However, when asked, defense counsel passed the jury for cause. When a defendant passes a jury panel for cause, he waives his claim to reversible error. Kerns, 920 P.2d at 635; Munoz v. State, 849 P.2d 1299, 1302 (Wyo.1993). Prindle cannot establish The video taped evidence

reversible error by the district court because he accepted the jury as it was impaneled. Therefore, we need not consider whether the district court abused its discretion when it refused to dismiss the potential juror for cause.

Prindle claims the video-taped evidence of his flight from police was improperly admitted because the potential for unfair prejudice substantially outweighed its probative value. Wyoming Rule of Evidence 403 provides:

Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

The balancing test required by Rule 403 is assigned to the sound discretion of the trial court. Jennings v. State, 806 P.2d 1299, 1305 (Wyo.1991). An abuse of discretion has been said to mean an error of law committed by the court under the circumstances. Pearson v. State, 811 P.2d 704, 707 (Wyo.1991). A court does not abuse its discretion unless it acts in a manner exceeding the bounds of reason or commits an error of law under the circumstances. Id. The ultimate issue becomes whether the court could reasonably conclude as it did. Id. The appellant has the burden of demonstrating that an abuse of discretion took place. Id. When appealing from a Rule 403 decision to admit evidence, the appellant must show that the evidence had little or no value and it was extremely inflammatory or introduced solely for the purpose of inflaming the jury. Jennings, 806 P.2d at 1305.

Prindle filed a motion in limine before trial, seeking to preclude the State from showing the video tape which captured the high-speed chase in Nebraska. He claimed that the video tape would inflame and impassion the jurors, that it was highly prejudicial, cumulative, and that any probative value was substantially outweighed by its prejudicial effect. Immediately before trial, the court held a hearing to address the motion in limine.

In response to Prindle's arguments, the State explained that it intended to use the tape to illustrate that Prindle fled from police, thereby making the tape probative as to his consciousness of guilt. The State also noted that when he was arrested, Prindle told the officers another person had been in the car with him, thus insinuating that someone else stole the car, but got out before the chase-ending crash. The State asserted the video tape was relevant to rebut Prindle's defense because it showed that Prindle was the sole occupant of the vehicle.

Finding that the video tape was probative both with respect to flight as evidence of consciousness of guilt and as to the substantive matter of the criminal charge, the trial court ruled that the State could introduce the video tape into evidence. In doing so, the trial court specifically weighed the probative value of the tape against its prejudicial effect and found the probative value substantially outweighed any danger of unfair prejudice. No further objection was made, and the video tape was played for the jury.

On appeal, Prindle again argues that the video tape was improperly admitted into evidence. In response, the State relies on cases from this Court...