Criminal (Evidence): RICE V. COM. (SC 8/24/2006)

RICE V. COM.
CRIMINAL:  Evidence (404b)
2005-SC-000146-MR.pdf
TO BE PUBLISHED
AFFIRMING; LAMBERT
DATE RENDERED 8/24/2006

SC affirmed Defendant’s convictions and 40 year sentence for one count of first degree robbery, one count of first degree burglary, and PFO 2nd degree.  1) TC did not err by denying Defendant’s motion for a directed verdict of acquittal due to insufficient evidence to sustain the first degree robbery and first degree burglary convictions; 2) No error for TC to permit testimony that inferred Defendant assaulted one of the victims by shooting him, even though Defendant had been acquitted of such charge.  Brown’s testimony did not highlight the character or criminal disposition of Defendant, but instead was used to establish his identity at the residence during the burglary, and his intent to participate in the crime, and perhaps other of the KRE 404(b)(1) uses of such evidence; and 3) Defendant’s unpreserved argument that the trial court abused its discretion in allowing the testimony regarding the victim’s pregnancy and injuries is not grounds for reversal as palpable error.

Please note: I reserve the right to delete comments that are inappropriate, offensive or off-topic.

Leave a Reply

Your email address will not be published.