State v. Mendiola, 83-540
Citation | 360 N.W.2d 780 |
Decision Date | 16 January 1985 |
Docket Number | No. 83-540,83-540 |
Parties | STATE of Iowa, Appellee, v. Jacinto F. MENDIOLA, Appellant. |
Court | United States State Supreme Court of Iowa |
Charles L. Harrington, Appellate Defender, Des Moines, for appellant.
Thomas J. Miller, Atty. Gen., Sherie Barnett, Asst. Atty. Gen., and William E. Davis, Scott Co. Atty., for appellee.
Considered by UHLENHOPP, P.J., and HARRIS, McCORMICK, McGIVERIN, and SCHULTZ, JJ.
We granted further review from a decision of the court of appeals which, by operation of law, affirmed defendant's conviction of possessing a controlled substance with intent to deliver. Iowa Code § 204.401(1) (1981). The sole issue on appeal was whether it was error to admit evidence of defendant's prior conviction of a similar offense in Texas. Under the circumstances we think it was not error. We affirm.
Police were told of the presence of people in a supposedly vacated, condemned house. On investigating they were let into the residence by defendant. Another person, Jesus Diaz, was also present in the house. While there the officers saw a one-pound bag of marijuana. Defendant and Diaz were arrested and on further search the officers found another bag of marijuana, five small plastic baggies filled with marijuana (described by prosecution witnesses as "user amounts"), and two sets of scales.
The defendant waived a jury and a bench trial was had. The State did not offer evidence of the Texas convictions in its case in chief, but did show the presence in the house of the marijuana and scales. After the State rested defendant elected to testify. Before taking the stand he moved in limine to prevent the State from introducing evidence of his prior conviction in Texas of possession with intent to deliver marijuana. Responding to the motion in limine the prosecutor stated there was no present plan to offer evidence of the Texas conviction but noted:
[O]n the other hand, such prior criminal activity ... can be used to show motive, knowledge or intent and so we ... alert the court to the fact that, if the defendant does take the stand and denies motive, knowledge or intent, we would, with those prior convictions or bad acts, attempt to establish his motive, knowledge, or intent.
During his direct testimony defendant sought to avoid the impact of the marijuana, the baggies, and, especially, the scales by denying any knowledge that the scales could be used to weigh the marijuana. This denial was crucial because the State's necessary proof of motive and intent rested entirely on this physical evidence and defendant's awareness of it. In cross-examining the defendant the State addressed defendant's denial by inquiring, over timely objection, into the Texas conviction. The evidence was admitted.
We have held "evidence of a separate crime is inadmissible as bearing on defendant's guilt unless it falls within the established exceptions." State v. Powell, 256 N.W.2d 235, 237 (Iowa 1977). We recognize five exceptions: (1) motive; (2) intent (3) absence of mistake or accident; (4) a common scheme or system of criminal activity embracing the commission of two or more crimes so related that proof of one is proof of the other; and (5) identity of the person charged with commission of the crime. State v. Conner, 314 N.W.2d 427, 429 (Iowa 1982) (quoting State v. Cott, 283 N.W.2d 324, 326 (Iowa 1979)). Iowa rule of evidence 404(b) lists more exceptions but it was not effective so as to be involved in this case.
Exclusion of evidence of other crimes is based on the view that it is ordinarily not relevant. Conner, 314 N.W.2d at 429. The exceptions are built around situations where the prior crime is relevant, not because the prior act tends to prove defendant is a bad person who has the capacity to commit bad acts, but because the prior act tends to establish an element in the pending prosecution. See State v. Kern, 307 N.W.2d 22, 26-27 (Iowa 1981).
The prior crime,...
To continue reading
Request your trial-
Dean v. State
...v. State, 750 P.2d 1334, 1337 (Wyo.1988). See also, United States v. Sutton, 801 F.2d 1346, 1360-62 (D.C.Cir.1986); State v. Mendiola, 360 N.W.2d 780, 782 (Iowa 1985); State v. Weldon, 314 N.C. 401, 333 S.E.2d 701, 704 (1985). In this case, the knowledge, which Rule 404(b) would permit intr......
-
Klaes v. Scholl
...unless it is introduced for an allowable purpose in the second sentence of paragraph (b), which is inapplicable here. State v. Mendiola, 360 N.W.2d 780, 781 (Iowa 1985). Defendants ask us to read paragraph (b) to prohibit only evidence of other crimes, wrongs, or acts which are totally irre......
-
State v. Grosvenor
...with minors admissible to prove intent in prosecution for assault with intent to commit sexual abuse against a minor); State v. Mendiola, 360 N.W.2d 780 (Iowa 1985) (defendant's prior conviction of a drug-related offense admissible to prove knowledge in prosecution for similar crime); State......
-
State v. Hunt, 93-66
...with respect to the charged crime, the uncharged act becomes relevant and is admissible under a rule 404(b) analysis. State v. Mendiola, 360 N.W.2d 780, 781-82 (Iowa 1985). Applying our standard of review, we find no abuse of discretion in admitting this evidence. The convictions of Hunt on......