State v. Norton

• Citation: 11 P.3d 494,134 Idaho 875
• Decision Date: 18 September 2000
• Docket Number: No. 25501.,25501.
• Parties: STATE of Idaho, Plaintiff-Respondent, v. James A. NORTON, Defendant-Appellant.
• Court: Court of Appeals of Idaho

11 P.3d 494

134 Idaho 875

STATE of Idaho, Plaintiff-Respondent, v. James A. NORTON, Defendant-Appellant.

No. 25501.

Court of Appeals of Idaho.

September 18, 2000.

Ronaldo A. Coulter, Appellate Public Defender; Sara B. Thomas, Deputy Public Defender, Boise, for appellant.

Hon. Alan G. Lance, Attorney General; Rebekah A. Cude, Deputy Attorney General, Boise, for respondent.

PERRY, Chief Judge.

James A. Norton appeals from his judgments of conviction and sentences entered following jury verdicts of guilty of rape, I.C. § 18-6101, and first degree kidnapping, I.C. § 18-4502. For the reasons set forth below, we affirm.

I. BACKGROUND

In September 1995, Norton persuaded the victim to allow him to enter her apartment under the guise of needing to use her telephone. After gaining entry, Norton grabbed the victim by the neck. Norton threatened the victim and her infant son and then raped her while she held her son in her arms. Before leaving the apartment, Norton bound the victim's wrists and tied her to the headboard of her bed with an electrical cord cut from her radio.

Twenty-five days later, Norton persuaded another woman to allow him to enter her apartment, also by requesting to use her telephone. After entering her apartment, Norton knocked the woman down and held her against her will. Norton then forcibly pushed the woman towards her door, at which point the woman was able to break away from Norton's grasp and flee.

In November 1995, Norton was incarcerated for grand theft and felony eluding a peace officer. While Norton was incarcerated, the police were able to match Norton's fingerprints to those found on a note located near the scene of the September rape.

Norton was arrested and charged with rape and first degree kidnapping in connection with the two incidents. A jury found Norton guilty of both charges. For rape, the district court sentenced Norton to a unified term of life, with a minimum period of confinement of thirty-five years. For first degree kidnapping, the district court sentenced Norton to a unified term of life, with a minimum period of confinement of twenty-five years. The district court ordered that the sentences run concurrent. Norton appeals.

II. ANALYSIS

A. Authentication

On appeal, Norton argues that the district court erred in admitting two exhibits over his objections that the state failed to lay a proper foundation prior to their admission. Specifically, Norton contends that the admission of state's exhibits numbers thirteen and twenty-five, both fingerprint exhibits, was error because they were admitted in the absence of certificates of authenticity. The decision whether to admit evidence at trial is generally within the province of the trial court. A trial court's determination that evidence is supported by a proper foundation is reviewed for an abuse of discretion. State v. Gilpin, 132 Idaho 643, 646, 977 P.2d 905, 908 (Ct.App.1999). Therefore, a trial court's determination as to the admission of evidence at trial will only be reversed where there has been an abuse of that discretion. State v. Zimmerman, 121 Idaho 971, 973-74, 829 P.2d 861, 863-64 (1992).

1. Exhibit Thirteen

Exhibit thirteen is a photocopy of a fingerprint card containing Norton's fingerprints, which was obtained from the Department of Law Enforcement by a crime lab supervisor at the Boise Police Department. During trial, the crime lab supervisor testified that the fingerprints from exhibit thirteen matched those found on a note located near the scene of the September rape. Norton argues that prior to the admission of exhibit thirteen, the state failed to properly authenticate the exhibit as required under Idaho law.

Norton argues that the authentication of an official fingerprint card is governed by I.C. § 9-315(6) and that, according to I.C. § 9-315(6), fingerprint cards must be certified by the legal keeper thereof to be properly authenticated. The state correctly asserts that the admission of evidence at trial is governed by the Idaho Rules of Evidence and, in this instance, by Rule 902 and Rule 1005. However, the state concedes that, even under the correct standard, the foundation by the state for exhibit thirteen fails to comply with the requirements for admission. Consequently, the district court erred in admitting exhibit thirteen over Norton's objection for a lack of foundation.¹

However, an error on the part of the district court, standing alone, does not provide grounds for reversal. A defendant is entitled to a fair trial, but not a perfect trial. State v. Enno, 119 Idaho 392, 408, 807 P.2d 610, 626 (1991); State v. Estes, 111 Idaho 423, 428, 725 P.2d 128, 133 (1986). Erroneously admitted evidence is harmless if the appellate court is able to say, beyond a reasonable doubt, that the jury would have reached the same result absent the error. State v. Parkinson, 128 Idaho 29, 37, 909 P.2d 647, 655 (Ct.App.1996).

Norton argues that the error in admitting exhibit thirteen was prejudicial. Norton contends that, without the benefit of exhibit thirteen, the state would have been unable to either identify Norton as the September rapist or place Norton at the scene of the crime. Norton's argument, however, fails to take into account the multitude of other sources of information from which the jury would have come to the same conclusion regarding Norton's guilt. First, the victim identified Norton at trial as the person who was in her apartment the day of the rape. Second, a police detective testified at trial that Norton confessed to the rape during a taped interview. Third, a taped conversation was admitted at trial that revealed that Norton admitted to the rape during a phone call to his grandmother. Last, at trial the prosecution's fingerprint expert testified that the state's computerized fingerprint identification system registered a positive match between fingerprints from the scene of the rape and Norton's fingerprints. Considering the totality of the evidence, we are persuaded beyond a reasonable doubt that the exclusion of state's exhibit thirteen would not have led to a different verdict. Therefore, we hold that the admission of exhibit thirteen into evidence was harmless.

2. Exhibit Twenty-Five

Norton also challenges the admission of state's exhibit twenty-five, an enlargement of comparative fingerprints propounded for illustrative purposes. Norton argues that the district court erred in admitting exhibit twenty-five over his objection for a lack of foundation. The state responds that Norton's objection to exhibit twenty-five below was insufficient to preserve the issue for appeal.

It is a fundamental tenet of appellate law that a proper and timely objection must be made in the trial court before an issue is preserved for appeal. If not raised below, the objection may not be considered for the first time on appeal. State v. Johnson, 126 Idaho 892, 896, 894 P.2d 125, 129 (1995); State v. Rozajewski, 130 Idaho 644, 645, 945 P.2d 1390, 1391 (Ct.App.1997). Nevertheless, we may consider fundamental error in a criminal case, even though no objection was made at trial. Johnson, 126 Idaho at 896, 894 P.2d at 129; State v. Bingham, 116 Idaho 415, 423, 776 P.2d 424, 432 (1989); Rozajewski, 130 Idaho at 645, 945 P.2d at 1391. A fundamental error is one that so profoundly distorts the proceedings that it produces manifest injustice, depriving the criminal defendant of the fundamental right to due process. State v. Hadley, 122 Idaho 728, 731, 838 P.2d 331, 334 (Ct.App.1992). However, an abuse of discretion in admitting evidence does not constitute fundamental error because it does not go to the foundation of the case or take from the defendant a right which was essential to his or her defense. Bingham, 116 Idaho at 423, 776 P.2d at 432. Thus, the admission of exhibit twenty-five in the instant case does not constitute fundamental error.

We must determine, therefore, whether the objection used by Norton was sufficient to properly preserve the issue for appeal. For an objection to be preserved for appellate review, the specific ground for the objection must be clearly stated. I.R.E. 103(a)(1); State v. Gleason, 130 Idaho 586, 592, 944 P.2d 721, 727 (Ct.App.1997). Objecting to the admission of evidence on one basis does not preserve a separate and different basis for exclusion of the evidence. State v. Higgins, 122 Idaho 590, 596, 836 P.2d 536, 542 (1992); Gleason, 130 Idaho at 592,944 P.2d at 727.

At trial, Norton objected to the admission of exhibit twenty-five on the basis of best evidence. I.R.E. 1003. On appeal, Norton argues that the district court erred in admitting exhibit twenty-five on the basis of lack of foundation. Because Norton did not object to the admission of exhibit twenty-five on the basis of a lack of foundation below, we decline to address the merits of an objection on that basis.

B. Sufficiency of the Evidence

Norton argues that there was insufficient evidence to support the jury's verdict of guilty for the offense of first degree kidnapping. Appellate review of the sufficiency of the evidence is limited in scope. A judgment of conviction, entered upon a jury verdict, will not be overturned on appeal where there is substantial evidence upon which a reasonable trier of fact could have found that the prosecution sustained its burden of proving the essential elements of a crime beyond a reasonable doubt. State v. Herrera-Brito, 131 Idaho 383, 385, 957 P.2d 1099, 1101 (Ct.App.1998); State v. Knutson, 121 Idaho 101, 104, 822 P.2d 998, 1001 (Ct. App.1991). We will not substitute our view for that of the jury as to the credibility of the witnesses, the weight to be given to the testimony, and the reasonable inferences to be drawn from the evidence. Knutson, 121 Idaho at 104, 822 P.2d at 1001; State v. Decker, 108 Idaho 683, 684, 701 P.2d 303, 304 (Ct.App.1985). Moreover, we will consider the evidence in the light most favorable to the prosecution. Herrera-Brito, 131 Idaho...