State v. Mason

• Decision Date: 29 April 2014
• Docket Number: No. ED 100036.,ED 100036.
• Citation: 428 S.W.3d 746
• Court: Missouri Court of Appeals
• Parties: STATE of Missouri, Plaintiff/Respondent, v. Keith MASON, Defendant/Appellant.

428 S.W.3d 746

STATE of Missouri, Plaintiff/Respondent,

v.Keith MASON, Defendant/Appellant.

No. ED 100036.

Missouri Court of Appeals,

Eastern District,

Division Four.

April 29, 2014.

Amanda P. Faerber, St. Louis, MO, for Appellant.

Andrew C. Hooper, Assistant Attorney General, Jefferson City, MO, for Respondent.

PHILIP M. HESS, Judge.

I. Introduction

Keith Mason (Defendant) appeals his convictions of three counts of first-degree statutory sodomy, two counts of second-degree statutory sodomy, and one count of second-degree statutory rape. Defendant raises two points on appeal, challenging the trial court's decisions in (1) denying his motion to dismiss for violation of his Sixth Amendment right to a speedy trial and (2) excluding a portion of Defendant's statement referring to the victim's sexual conduct with individuals other than Defendant. We affirm.

I. Factual Background

In August 2011, Defendant engaged in multiple acts of sexual contact with a child under fourteen years of age. Defendant's wife discovered the abuse after Y.C., Defendant's step-daughter, informed her of an illicit conversation Y.C. overhead between Defendant and the victim. Defendant was arrested on January 17, 2012, and charged with three counts of first-degree statutory sodomy, two counts of second-degree statutory sodomy, one count of second-degree statutory rape, and one count of first-degree statutory rape.

In April 2012, Defendant filed a motion requesting a speedy trial.¹ However, Defendant's trial date was rescheduled several times. Ten months after his arrest, Defendant moved to dismiss the charges alleging that he had been denied his Sixth Amendment right to a speedy trial. Shortly thereafter, the State requested a continuance. Instead of ruling on Defendant's motion, the trial court entered an order noting the parties' stipulation that Defendant did not consent to the State's motion to continue and that Defendant was ready for trial. Defendant's trial date was continued several more times before trial ensued on March 6, 2013, nearly 13 months after Defendant's arrest.

On the day of trial, Defendant requested a ruling on his motion to dismiss. The trial court denied the motion after taking judicial notice of the court file and noting that several continuances were attributable to Defendant. The trial court also ruled on the State's motion in limine, which sought to exclude part of Y.C.'s testimony regarding a statement Defendant made because a portion of the statement would violate the rape shield law. See§ 491.015 RSMo (2000). Defendant objected, arguing that the entire statement should be admitted. The trial court sustained the State's motion.

The jury returned a guilty verdict on three counts of first-degree statutory sodomy, two counts of second-degree statutory sodomy, and one count of second-degree statutory rape.² The trial court sentenced Defendant to concurrent terms of 25 years' imprisonment for each first-degree statutory sodomy conviction, 15 years' imprisonment for his second-degree statutory sodomy conviction, and 15 years' imprisonment for his second-degree statutory rape conviction. Defendant appeals.

III. Standard of Review

This Court reviews a decision on a motion to dismiss for an abuse of discretion. State v. Ferdinand, 371 S.W.3d 844, 850 (Mo.App.W.D.2012). “A trial court abuses its discretion when its ruling is clearly against the logic of the circumstances before the court and is so arbitrary and unreasonable as to shock the sense of justice and indicate a lack of careful consideration.” State v. Scott, 348 S.W.3d 788, 794 (Mo.App.S.D.2011) (citation and quotations omitted).

We also review claims of evidentiary error for an abuse of discretion. State v. Smith, 314 S.W.3d 802, 807 (Mo.App.E.D.2010). To the extent that any of Defendant's claims are unpreserved, we may review them for plain error under Supreme Court Rule 30.20. Id. at 811. Plain error review involves two steps. Id. First, we determine whether the “the trial court committed an evident, obvious and clear error, which affected the substantial rights of the appellant.” State v. Drudge, 296 S.W.3d 37, 40–1 (Mo.App.E.D.2009). If we conclude that obvious error occurred, then the second step is a determination whether “manifest injustice or a miscarriage of justice resulted therefrom.” Id. at 41. We apply plain error review sparingly. State v. Cannady, 389 S.W.3d 306, 310 (Mo.App.S.D.2013).

IV. Discussion

A. Sixth Amendment Right to a Speedy Trial

In his first point, Defendant asserts that the trial court's decision denying his motion to dismiss for violation of his Sixth Amendment right to a speedy trial contravenes his constitutional right because: (1) Defendant had to wait 13 months for his case to be tried; (2) his case was continued by the State or the trial court twice over objection; (3) Defendant asserted his right to a speedy trial; and (4) Defendant suffered prejudice due to severe anxiety. The State agrees that the 13–month delay was presumptively prejudicial and that Defendant timely asserted his right to a speedy trial, but asserts that the reasons for delay should be attributed to Defendant and that Defendant has not established prejudice.

The right to a speedy trial under the Sixth Amendment of the United States Constitution, which applies to the states through the Fourteenth Amendment, provides that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial....” See Dillard v. State, 931 S.W.2d 157, 161 (Mo.App.W.D.1996). The Sixth Amendment right to a speedy trial protects a defendant's ability to defend against pending criminal charges, as well as the defendant's interest in avoiding oppressive pretrial incarceration and the anxiety that pending charges cause. Scott, 348 S.W.3d at 794–95. Thus, the right attaches when the defendant becomes an “accused,” upon either arrest or indictment. Ferdinand, 371 S.W.3d at 851.

In analyzing whether a defendant's Sixth Amendment right to a speedy trial has been violated, courts are required to balance the defendant's interests with the State's interest in the administration of justice. Scott, 348 S.W.3d at 795. In doing so, courts weigh four factors as set forth by the United States Supreme Court in Barker v. Wingo: (1) the length of delay, (2) the reason for the delay, (3) the defendant's assertion of his right, and (4) the prejudice to the defendant. 407 U.S. 514, 530, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972). Under this test, it is not necessary to consider the last three factors unless, under the first factor, the length of the delay is presumptively prejudicial. State ex rel. Garcia v. Goldman, 316 S.W.3d 907, 911 (Mo. banc 2010). The test is not intended to supply “ ‘automatic answers ..., [but] necessarily depends upon the facts and circumstances of each case.’ ” Ferdinand, 371 S.W.3d at 851 (quoting State v. Black, 587 S.W.2d 865, 869 (Mo.App.E.D.1979)).

1. Length of Delay

The first factor is the length of the delay. As noted, the length of the delay is measured from the date the defendant is either arrested or indicted to the date that the defendant's trial begins. Here, Defendant was arrested on January 17, 2012, and the trial began on March 6, 2013, over 13 months later. In Missouri, it is well-established that a delay of eight months or more is presumptively prejudicial. State v. Perry, 954 S.W.2d 554, 565–66 (Mo.App.S.D.1997). Both parties agree that Defendant suffered a presumptively prejudicial delay. Therefore, we conclude that this factor weighs in Defendant's favor. Because the delay was presumptively prejudicial, we assess the additional Barker factors.

2. Reason For the Delay

The second factor is the reason for the delay. Because it is the State's burden to afford a defendant a speedy trial, it is incumbent upon the State to establish the reasons justifying the delay. State v. Greenlee, 327 S.W.3d 602, 611–12 (Mo.App.E.D.2010). Here, Defendant argues that this factor should weigh against the State because the State or the trial court continued the case over Defendant's objection and Defendant did not contribute to any delay. Defendant explains that this case is unlike Perry, 954 S.W.2d at 554, where this factor weighed against the defendant who filed multiple pre-trial motions and requested continuances. In response, the State asserts that three of the five continuances are attributable to Defendant and that this factor should weigh against Defendant.

In considering this factor, Missouri courts assign different weights to different reasons for the delay depending on where the reason falls on the spectrum of acceptability. Garcia, 316 S.W.3d at 911. A deliberate attempt by the State to delay a trial that is designed to hinder the defense is heavily weighed against the State. Barker, 407 U.S. at 531, 92 S.Ct. 2182. Neutral reasons for the delay are also weighed against the State, because ultimately it is the State's burden to afford a defendant a speedy trial, but such delays are weighed less heavily. Id. Examples include the State's negligence, overcrowded courts, or other trial court-related docket delays. Id.;Greenlee, 327 S.W.3d at 612. However, valid reasons for delay, such as a missing witness, “serve to justify appropriate delay” and are not held against the State. Barker, 407 U.S. at 531, 92 S.Ct. 2182.

In this case, Defendant's trial date was continued a total of five times. Initially, Defendant's trial was set for May 7, 2012. On April 25, 2012, the trial court continued the case to July 2012, because it was the “cause's first appearance in Division 16.” Eleven days before the July trial date, on July 12th, Defendant requested a continuance because discovery was incomplete. The trial court granted the continuance and rescheduled the trial for October 1, 2012. However, the trial did not commence on October 1st, and the trial court entered a continuance several days later, on October 4th, due to defense counsel's conflict....