State v. Seemiller, 54300
| Decision Date | 27 June 1989 |
| Docket Number | No. 54300,54300 |
| Citation | 775 S.W.2d 273 |
| Parties | STATE of Missouri, Plaintiff-Respondent, v. Paul G. SEEMILLER, Defendant-Appellant. |
| Court | Missouri Court of Appeals |
Stormy White Asst. Public Defender, Clayton, for defendant-appellant.
William L. Webster, Atty. Gen., Breck K. Burgess, Atty. Gen., Jefferson City, for plaintiff-respondent.
Defendant, Paul Glennon Seemiller, appeals from his convictions, after a jury trial, of burglary in the first degree and sexual abuse in the first degree. He was sentenced to fifteen years' imprisonment and a concurrent term of five years respectively. We affirm.
We review the evidence in the light most favorable to the State. At trial, the victim testified that the attack occurred in her apartment on December 24, 1986, at approximately 12:00 p.m. She testified that at approximately 11:30 a.m., she heard a knock and opened her front door and saw the defendant knocking on the apartment door across the hall holding a white envelope. Victim then closed her door. A few minutes later, she heard a knock on her door. Victim opened the door slightly, and defendant pushed it wide open. He grabbed her by the throat and dragged her to the floor. Defendant forced himself on top of victim such that their pelvic regions touched through their clothing. Defendant also placed his hand between the victim's legs. The telephone rang during the struggle, and victim was able to scream into the receiver for the caller to telephone the police. At that point, defendant fled.
The police arrived shortly thereafter. Victim gave a description of her attacker and later picked defendant out of a lineup as her attacker. The police recovered the white envelope which the attacker had in his hand when the victim initially opened her door. The white envelope contained a Christmas card signed "Paul" (the defendant's first name). The neighbor testified at trial that she was not in her apartment on December 24, 1986, but that she discovered the Christmas card when she returned. The neighbor relayed that she knew the defendant from a bowling alley where she worked. She testified that defendant had sexually harassed her in the past. Specifically she stated that defendant came uninvited to her apartment the week prior to victim's attack and attempted to force his way into her apartment demanding that the neighbor have intercourse with him. Neighbor explained that the defendant left her apartment because her dog scared him away.
Defendant first claims the trial court erred in permitting the victim's neighbor to testify, over objection, that defendant attempted to force his way into neighbor's apartment and demanded that she have intercourse with him. Defendant contends this testimony was prejudicial and, therefore, inadmissible because the evidence was irrelevant and evidence of misconduct for which defendant was not on trial.
A criminal defendant has the right to be tried only for the crime or crimes with which he is charged. State v. Morton, 684 S.W.2d 601, 609 (Mo.App.1985). Normally, specific instances of conduct relating to other crimes, wrongs, or acts are inadmissible to prove that an accused acted in conformity with the prior act. State v. Chew, 740 S.W.2d 715, 716 (Mo.App.1987). However, there are certain well-settled exceptions to this rule. State v. V.--- C.---, 734 S.W.2d 837, 842 (Mo.App.1987). Evidence of other crimes is competent to prove the charged crime when such evidence tends to establish motive, intent, absence of mistake or accident, common scheme or plan, or the identity of the person charged with committing the crime. Id. If the evidence is relevant it is not to be rejected merely because it incidentally proves the defendant guilty of another crime. State v. Williams, 602 S.W.2d 209, 212 (Mo.App.1980). The general rule is that proof of the commission of separate and distinct crimes is inadmissible unless it has some legitimate tendency to establish that the defendant is guilty of the crime for which he is charged. Morton, 684 S.W.2d at 609.
Assuming the evidence of defendant's conduct at the neighbor's apartment falls within...
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State v. Wilkins
...his body. Our appellate courts have affirmed convictions on evidence of sexual contact which was less than specific. In State v. Seemiller, 775 S.W.2d 273 (Mo.App.1989), the requisite "sexual contact" was found to exist where defendant forced himself on top of the victim so that their pelvi......
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State v. Williamson
...of mistake or accident, common scheme or plan, or the identity of the person charged with committing the crime." State v. Seemiller, 775 S.W.2d 273, 275 (Mo.App.1989) (emphasis added). There was no manifest injustice nor miscarriage of justice. Defendant's claim of plain error is The second......
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State v. Ek
...victim's buttocks. This evidence is more than sufficient to prove sexual contact within the meaning of the statute. See State v. Seemiller, 775 S.W.2d 273 (Mo.App.1989). The point is For his final point, the defendant argues the state failed to produce the defendant's telephone records afte......
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State v. Bommarito, s. 60008
...probative, albeit circumstantial, evidence of his motive, intent and state of mind in forcing himself on Victim. See State v. Seemiller, 775 S.W.2d 273, 275 (Mo.App.1989). This is not a case in which the State was seeking to use remote and unconnected incidents to establish some general pro......