State v. Carlson, 15228
| Decision Date | 01 July 1985 |
| Docket Number | No. 15228,15228 |
| Citation | 108 Idaho 859,702 P.2d 897 |
| Parties | STATE of Idaho, Plaintiff-Respondent, v. Charles CARLSON, Defendant-Appellant. |
| Court | Idaho Court of Appeals |
Alan E. Trimming, Thomas J. Ryan, Ada County Public Defender's Office, for defendant-appellant.
Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., for plaintiff-respondent.
A jury found Charles Carlson guilty of robbery. He was sentenced to the custody of the Board of Correction for an indeterminate ten-year term, together with a consecutive five-year term under I.C. § 19-2520, for use of a firearm during the robbery. The sole issue on appeal is whether the district court erred in admitting testimony that Carlson, a month before the robbery, made statements indicating his involvement in an aborted attempt to commit a robbery at that time. We affirm the judgment of conviction.
Carlson was convicted of robbing a grocery store early one evening in Boise. The testimony of the store employees related that a man and a woman entered the store and appeared to be shopping. After a period of time the man displayed a sawed-off shotgun and joined the woman, who was also armed, at the front of the store. The woman informed the employees that "this is a robbery." The man and woman took money from the cash registers and a deposit bag containing the day's receipts and left the store.
Before trial, Carlson filed a motion in limine to exclude the testimony of his former roommate. The court denied the motion. The roommate, the first witness called by the state, testified to a conversation which took place in his presence between Carlson and a woman, who later pled guilty to the robbery charge. The conversation occurred about a month prior to the robbery. The roommate testified that Carlson, while wearing a scarf over his face and in possession of a sawed-off shotgun, stated that he and the woman had "borrowed a car to use in a job." The roommate's testimony made it clear that "job" meant a crime, presumably a robbery that was aborted when Carlson and his woman companion lost their nerve. On appeal, Carlson argues this testimony was irrelevant and thus improperly admitted.
It must first be determined whether a proper objection was made during the trial to the testimony of the former roommate. Generally, an appellate court will not consider an alleged error on appeal in the absence of a timely objection to the evidence at trial. State v. Sharp, 101 Idaho 498, 616 P.2d 1034 (1980). Immediately following the roommate's testimony concerning Carlson's statement about borrowing a car for a job, defense counsel objected on the basis that the answer was unresponsive to the question asked. Therefore, at first glance it would appear that a relevancy objection was not raised. However, prior to this exchange defense counsel had entered a foundational objection to the roommate's testimony. The district court in ruling on the objection phrased it in terms of relevancy. The district court allowed the roommate's testimony to continue on the condition that its relevancy would be established later in the trial. Therefore, the initial thrust of defense counsel's objection was relevancy. After a careful review of the record dealing with the introduction of this testimony of the roommate, we find that the issue of relevancy was sufficiently raised for purposes of appellate review.
Evidence of other bad acts may be admitted if relevant to a material issue concerning the offense charged. Whether evidence of other bad acts should be admitted involves a two-tiered analysis. State v. Matthews, 108 Idaho 482, 700 P.2d 104 (Ct.App.1985). The first inquiry is whether the evidence is relevant to a material and disputed issue concerning the crime charged. State v. Greensweig, 102 Idaho 794, 641 P.2d 340 (Ct.App.1982). The second inquiry involves a determination of whether the probative value of the evidence is outweighed by the unfair prejudice to the defendant. State v. Stoddard, 105 Idaho 533, 670 P.2d 1318 (Ct.App.1983). If the evidence is not relevant, then the second tier need not be evaluated. This balancing decision is within the discretion of the trial judge and will not be overturned on appeal unless discretion has been abused.
We note that the trial judge allowed this evidence to come in about Carlson's statements and conduct before the state had put on any evidence to establish that the crime of robbery had been committed. This is a matter of discretion that lies with the trial court and in absence of an abuse of that discretion no reversible error is shown. See, e.g. State v. Fedder, 76 Idaho 535, 285 P.2d 802 (1955). Nevertheless, we do not approve of this procedure where proof of other crimes is involved.
A trial judge who has heard no evidence about the crime itself is hardly in a position to determine the relevancy of and the need for the "other crimes" evidence. The judge can only accept the prosecutor's statements as to what the state intends to prove as a foundation for this risky and prejudicial evidence. Prematurely admitting this evidence is an added risk which ordinarily should not be taken absent a showing by the state of a compelling need to depart from a procedure that is less apt to cause an unfair trial.
Even if the trial judge can initially determine the evidence will be relevant for some permissible purpose, such as showing intent or identity, the judge is in a poor position to weigh the relevancy and the need for such evidence against the possible prejudicial impact of it. Perhaps that is why the judge in this case made no mention of the required weighing process.
We have noted recently that it is difficult for an appellate court to review a trial judge's decision if the record does not contain a discussion concerning the relevancy or the weighing process. State v. Stedtfeld, 108 Idaho 695, 701 P.2d 315 (Ct.App.1985). We have encouraged judges to articulate their reasons for admitting evidence under the two-tiered analysis. The trial judge in the present case failed to do this. Accordingly, we must examine the record independently, without the benefit...
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