State v. Maylett
| Decision Date | 29 May 1985 |
| Docket Number | No. 15675,15675 |
| Citation | 108 Idaho 671,701 P.2d 291 |
| Parties | STATE of Idaho, Plaintiff-Respondent, v. Boyd Franklyn MAYLETT, Defendant-Appellant. |
| Court | Idaho Court of Appeals |
Alan E. Trimming, Ada County Public Defender, August H. Cahill, Jr., Deputy Public Defender, Boise, for defendant-appellant.
Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Elaine D. Hanson, Deputy Atty. Gen., Boise, for plaintiff-respondent.
Boyd Franklyn Maylett was found guilty by a jury of sexual abuse of a child under the age of sixteen years, I.C. § 18-1506, a felony. A judgment of conviction was entered and Maylett appeals. We affirm.
The prosecution's Information alleged that Maylett solicited a thirteen-year old girl "to participate in a sexual act, by masturbating himself in front of the child and causing the child to take her clothes off in the same room with himself while he was nude, with the intent to gratify the sexual desire of himself." On appeal, Maylett raises two issues. First, he contends the district court erred by refusing to grant Maylett's motion to dismiss the charge. Second, he asserts the district court erred in allowing the state to present testimony to the jury regarding a series of other incidents of conduct by Maylett similar to the acts for which Maylett was on trial. We will examine these issues in turn.
Maylett was bound over for trial in district court following a preliminary examination before a magistrate. In district court, Maylett moved to dismiss the charge, contending the evidence presented to the magistrate was not sufficient to establish probable cause. I.C.R. 5.1(b). The district court denied Maylett's motion. Continuing to challenge the sufficiency of the preliminary examination evidence, Maylett requests appellate review of the district court's ruling.
Our review of such an issue is limited in scope. When a defendant has been convicted following a fair trial, we will not examine, on appeal, the sufficiency of the evidence presented at a preliminary examination upon which a magistrate determined there was probable cause to bind the defendant-appellant over to district court for trial. See State v. Mitchell, 104 Idaho 493, 660 P.2d 1336, cert. denied, 461 U.S. 934, 103 S.Ct. 2101, 77 L.Ed.2d 308 (1983); State v. Pierce, 107 Idaho 96, 685 P.2d 837 (Ct.App.1984). With the exception of the question next discussed in this opinion, Maylett has not raised any issue to suggest that he did not receive a fair trial. Because we hold against Maylett on the following question, we find that Maylett was convicted after a fair trial. Therefore, we decline to examine the sufficiency of the evidence presented at Maylett's preliminary examination.
The second issue raised by Maylett concerns admission of testimony of prior, uncharged sexual contacts between Maylett and the victim and between Maylett and the victim's twin sister. The two girls were Maylett's stepdaughters; all three lived together in the same household. The district court denied Maylett's motion to exclude the girls' testimony concerning other acts. However, the court did restrict the testimony to a one-year period preceding the alleged date of the incident with which Maylett was charged. Additionally, the trial court admonished the jury with a limiting instruction concerning the use of such evidence. 1 At the close of the evidence the court further instructed the jury regarding evidence admitted for a limited purpose. 2
The victim was allowed to testify to seven incidents which were similar to the charge against Maylett; the victim's sister was allowed to testify to three incidents concerning sexual advances made by Maylett toward her. 3 Upon an offer of proof by the state in advance of presentation of the testimony to the jury, the trial court considered the relevancy of the proffered testimony and whether its probative value would be outweighed by prejudice to the defendant. The court concluded the evidence--if limited to the immediately preceding one-year period--was relevant to show a common scheme and plan, motive, intent, lustful disposition and opportunity to commit the crime charged "in a family situation." In so ruling, the trial court relied upon our recent decisions in State v. Greensweig, 102 Idaho 794, 641 P.2d 340 (Ct.App.1982) and State v. Boothe, 103 Idaho 187, 646 P.2d 429 (Ct.App.1982).
We believe the trial court properly concluded that the proffered testimony was relevant as probative of Maylett's intent to use the victim to gratify his sexual desires. The court also properly limited the proof of prior acts to a period not too remote in time. Finally, the court articulated its balancing rationale in considering whether the probative value of the evidence might be substantially outweighed by the danger of unfair prejudice to the defendant. We hold the trial court did not abuse its discretion in admitting the testimony of prior sexual conduct between Maylett and the victim and between Maylett and the victim's sister.
The judgment of conviction is affirmed.
I join in upholding the trial judge's decision to admit evidence of prior, uncharged sexual conduct. But I do so upon the narrow ground that such evidence was relevant to show a common scheme or plan. The testimony by the victim and her sister disclosed a series of sexual encounters in which the circumstances and conduct were strikingly parallel to those portrayed in evidence of the crime charged. I am not persuaded that the other proffered bases for admitting the evidence--intent and the absence of accident or mistake--were substantially at issue during the trial. Maylett denied committing the acts charged; he did not contend--indeed, he could not logically have contended--that he committed the acts with innocent intent, by accident or by mistake.
Having made a threshold determination of relevancy, the district judge properly weighed the probative value of the evidence against the likelihood of unfair prejudice. This balancing process is committed to the sound discretion of the trial court. Here, the judge gave...
To continue reading
Request your trial
-
State v. Flint
...104 Idaho 493, 660 P.2d 1336, cert. denied, 461 U.S. 934, 103 S.Ct. 2101, 77 L.Ed.2d 308 (1983). See also State v. Maylett, 108 Idaho 671, 701 P.2d 291 (Ct.App.1985). The majority opinion is correct in noting that the error, if any, at the preliminary hearing was not preserved on appeal. If......
-
State v. Horsley
...received a fair trial and was convicted, and there is sufficient evidence to sustain the conviction." See also, State v. Maylett, 108 Idaho 671, 701 P.2d 291 (Ct.App.1985); State v. Streeper, 113 Idaho 662, 747 P.2d 71 (1987). Although the defendant Horsley pleaded guilty, rather than being......
-
State v. Hawkins
...662, 664-65, 747 P.2d 71, 73-74 (1987); State v. Maland, 124 Idaho 830, 832, 864 P.2d 668, 670 (Ct.App.1993); State v. Maylett, 108 Idaho 671, 672, 701 P.2d 291, 292 (Ct.App.1985). As explained below, we conclude that Hawkins received a fair trial, and we therefore do not consider his claim......
-
State v. Clay
...upheld the admission of evidence showing prior criminal sexual misconduct by the defendant toward the victim. See State v. Maylett, 108 Idaho 671, 701 P.2d 291 (Ct.App.1985); State v. Boothe, 103 Idaho 187, 646 P.2d 429 (Ct.App.1982). We also have allowed testimony of prior criminal sexual ......