State v. Medina

• Decision Date: 02 January 1996
• Docket Number: Nos. 21406 and 21459,s. 21406 and 21459
• Parties: STATE of Idaho, Plaintiff-Respondent, v. Peter MEDINA, Defendant-Appellant. STATE of Idaho, Plaintiff-Respondent, v. Steve MEDINA, Defendant-Appellant.
• Court: Idaho Court of Appeals

Page 637

909 P.2d 637

128 Idaho 19

STATE of Idaho, Plaintiff-Respondent, v. Peter MEDINA, Defendant-Appellant.

STATE of Idaho, Plaintiff-Respondent, v. Steve MEDINA, Defendant-Appellant.

Nos. 21406 and 21459.

Court of Appeals of Idaho.

Jan. 2, 1996.

Review Granted April 19, 1996.

Whittier, Souza and Clark, Cht., Pocatello, for appellant Steve Medina. Robert C. Naftz argued.

Raymundo G. Pena, Rupert, and David G. Pena, Boise, for appellant Peter Medina. David G. Pena argued.

Alan G. Lance, Attorney General; Catherine Derden, Deputy Attorney General, Boise, for respondent. Catherine Derden argued.

WALTERS, Chief Judge.

Steve Medina was convicted of aggravated assault, I.C. §§ 18-901 and 18-905(b), after a jury trial and he received a unified sentence of fifteen years with a minimum period of confinement of five years. The sentence included an enhancement for the use of a firearm during the commission of a crime, I.C. § 19-2520. His brother, Peter Medina, was also convicted of aggravated assault, as a principal for aiding and abetting Steve's offense, I.C. § 18-204, and Peter Medina pled guilty to an allegation that he was a persistent violator, I.C. § 19-2514. Peter received a unified twenty-five year sentence, with a minimum period of confinement of ten years. Both defendants appeal. For the reasons stated below, we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On August 6, 1993, the Medina brothers and a friend, Robin Batts, spent the day in Twin Falls drinking beer and smoking marijuana. Late in the afternoon, they drove to a mobile home park in American Falls where Leonard Flores lived. The Medina brothers and Flores had a long-standing feud, and about a week prior to August 6, Flores and Steve had been in a fist fight in a local bar. According to testimony at the trial, Steve planned to retaliate against Flores on this day, and Peter and Batts agreed to assist him.

Flores was standing outside of his home with friends and a couple of children looking at a truck one of the friends had just purchased, when Batts and the Medina brothers drove up. Batts was the driver; Peter was in the front passenger seat; and Steve was in the back seat of the vehicle. As they neared Flores's trailer, Steve pointed a gun out the window. After Flores saw Peter looking at him and Steve holding a gun out the window, he ran between two trucks parked next to his residence. One of the bystanders saw Peter turn and speak to Steve, then Steve fired a shot which hit the tire of Flores's truck. As Batts and the Medina brothers fled the scene of the shooting, their vehicle struck another car. Later they stopped on a dirt road to dispose of beer cans, a cooler and the gun.

After a consolidated jury trial, Steve was found guilty of aggravated assault. He received a unified fifteen-year sentence, including an enhancement for the use of a firearm during the commission of a crime, with a five-year minimum period of confinement. Peter was also found guilty of aggravated assault, as a principal, for aiding and abetting Steve's offense. He pled guilty to a persistent violator charge. He was sentenced to a unified twenty-five year sentence, with a ten-year minimum period of confinement. A motion by Peter to withdraw his plea of guilty to the persistent violator allegation was denied by the district court. Although each defendant has appealed separately, the cases were combined for oral arguments on appeal. Given the overlap of the issues in these cases, we are issuing a joint opinion.

II. ISSUES

Steve claims on appeal that: (1) the state failed to give timely notice of its intent to pursue the sentence enhancement charge for the use of a firearm in committing aggravated assault; (2) the district court erred by admitting evidence of prior bad acts pursuant to I.R.E. 403 and 404(b); and (3) the court abused its discretion in imposing the sentence.

Peter argues that: (1) the evidence at trial was insufficient to support the verdict against him; and (2) the district court erred in (a) admitting evidence of prior bad acts pursuant to I.R.E. 403 and 404(b), (b) denying the motion to withdraw his guilty plea to the persistent violator charge, (c) failing to provide the jury with a "Holder" instruction, and (d) allowing the use of undefined terms by the state during trial. He also contends that the court abused its discretion in imposing the sentence.

III. DISCUSSION

A. Sentence Enhancement Charge.

Steve argues that the state failed to give timely notice of its intent to pursue the enhancement charge pursuant to Idaho Code § 19-2520. ¹ He asserts that the word "shall" in I.C. § 19-2520 requires that the state's notice of an enhancement charge be given at or before the preliminary hearing. Steve also contends that the first notice he received of the charge was through receipt of the state's Information--Part II, filed on September 30, 1993, which was several days after the September 8, 1993, preliminary hearing date. ²

A mandatory sentence enhancement is unavailable unless the provisions of I.C. § 19-2520 are strictly followed. State v. Pardo, 109 Idaho 1036, 1039, 712 P.2d 737, 740 (Ct.App.1985). However, in order for an issue to be raised on appeal, the record must reveal an adverse ruling which forms the basis for the assignment of error. Roberts v. Bonneville County, 125 Idaho 588, 590, 873 P.2d 842, 844 (1994); State v. Fisher, 123 Idaho 481, 485, 849 P.2d 942, 946 (1993). The record reflects that Steve failed to raise this issue before the district court, which precludes this Court from addressing the issue for the first time on appeal. ³ Compare, State v. Pardo, supra (motion to dismiss for failure to comply with section 19-2520 was denied by the trial court, preserving the issue for appellate review).

B. Prior Bad Acts Pursuant to I.R.E. 403 and 404(b).

Steve next argues the district court erred in admitting Flores's testimony whereby Flores discussed prior bad acts of Peter which allegedly contributed to the long-standing feud between Flores and the Medina brothers. The prior bad acts specifically at issue were: (1) the theft of shotguns in 1980 for which Peter was convicted, and (2) Flores's testimony that Steve had been present in the past when Peter threatened Flores with weapons. Steve asserts that general evidence of the ongoing feud between Flores and the Medinas was more than sufficient to establish common plan, lack of accident or mistake, under I.R.E. 404(b). He argues however, that evidence of the specific acts of theft and threats is barred by I.R.E. 403 and 404(b) because it falsely misled the jury by implying that he was involved in the prior acts committed by Peter, and its prejudicial impact outweighs its probative value. Furthermore, Steve contends that although the district court recognized that this testimony should not have been admitted, the court's attempt to cure the problem with a cautionary instruction was in error.

Peter also argues that the district court erred in allowing evidence of prior acts between he and Flores. Prior acts to which Flores testified and which Peter now objects include: (1) the theft of the shotguns, (2) threats with weapons; and (3) Peter's comment to Flores that he would get even with Flores for testifying against him on the theft conviction. Peter argues, as Steve does, that the probative value of this evidence does not outweigh its unfair prejudicial effect.

Generally, evidence of other crimes, wrongs or acts is inadmissible to show a defendant's criminal propensity or guilt of the crime charged. I.R.E. 404(b); State v. Matthews, 124 Idaho 806, 809, 864 P.2d 644, 647 (Ct.App.1993). However, such evidence may be admitted if offered for some purpose, other than propensity, relevant to a material issue in the case, such as the defendant's knowledge, identity, plan, preparation, opportunity, motive, intent and the absence of mistake or accident. Id. Though relevant, the evidence still may be excluded if the trial court concludes that the threat of unfair prejudice substantially outweighs its probative value. I.R.E. 403; Matthews, supra.

Thus, in order to admit evidence of other crimes, wrongs or acts, a two-tiered analysis is applied by the trial court. First, the evidence must be relevant to a material and disputed issue concerning the crime charged, other than propensity. Second, if the evidence is deemed relevant, the court must determine whether the probative value of the evidence is substantially outweighed by the danger of causing unfair prejudice to the defendant. Id.; State v. Moore, 120 Idaho 743, 745, 819 P.2d 1143, 1145 (1991). This balancing process is within the discretion of the trial judge. Moore, supra; State v. Abel, 104 Idaho 865, 664 P.2d 772 (1983).

Whether evidence is relevant presents an issue of law. See I.R.E. 401 and 402; Matthews, supra; State v. Raudebaugh, 124 Idaho 758, 765, 864 P.2d 596, 603 (1993). Thus, in considering a trial court's decision to admit evidence of prior misconduct, the appellate court exercises free review of the trial judge's determination that the evidence was admissible under I.R.E. 404(b). Matthews, supra.

However, the lower court's conclusion that the probative value of the evidence is not outweighed by its unfair prejudice--the second part of the analysis under I.R.E. 403--is reviewed under an abuse of discretion standard. Id.; State v. Medrano, 123 Idaho 114, 118, 844 P.2d 1364, 1368 (Ct.App.1992). Under that standard, the appellate court inquires: (1) whether the district court rightly perceived the issue as one of discretion; (2) whether the court acted within the boundaries of such discretion and consistently with any legal standards applicable to specific choices; and (3) whether the court reached its decision by an exercise of reason. Matthews; supra.

In the instant case, Flores's testimony was relevant to prove that there was a plan to assault Flores, and that the entire incident was not an accident. The...