State v. Young

SHORT, J.,

dissenting.

I respectfully dissent regarding the issue of whether the trial court erred in admitting Young’s prior convictions for criminal sexual conduct and criminal domestic violence.

In a criminal case, the State cannot attack the defendant’s character unless the defendant first places his or her own character in issue. State v. Taylor, 333 S.C. 159, 174, 508 S.E.2d 870, 877-878 (1998). “When the accused offers evidence of his good character regarding specific character traits *495relevant to the crime charged, the solicitor has the right to cross-examine him as to particular bad acts or conduct.” State v. Major, 301 S.C. 181, 185, 391 S.E.2d 235, 238 (1990). However, the State is restricted to showing bad character only for the traits initially focused on by the accused. Id. Also, “where prior convictions or misconduct are appropriately brought out on cross-examination, the State may inquire only so far as to bring out the nature of the conviction or activity and may not go into details.” State v. Allen, 266 S.C. 468, 482, 224 S.E.2d 881, 886 (1976), overruled on other grounds by State v. Evans, 307 S.C. 477, 415 S.E.2d 816 (1992), and State v. Torrence, 305 S.C. 45, 406 S.E.2d 315 (1991).

When the prior crime is similar to the one for which the defendant is being tried, the danger of unfair prejudice to the defendant from impeachment by that prior offense weighs against its admission. State v. Dunlap, 353 S.C. 539, 542, 579 S.E.2d 318, 320 (2003). Thus, the trial court must consider the impeachment value of the prior crime, the timing of the prior crime, the similarity between the past crime and the charged crime, the importance of the defendant’s testimony, and the centrality of the credibility issue. Green v. State, 338 S.C. 428, 433-34, 527 S.E.2d 98, 101 (2000). In determining whether similar prior convictions can be used to impeach the accused, the trial court must weigh the probative value of the prior convictions against their prejudicial effect to the accused and determine, in its discretion, whether to admit the evidence. Id.; Rule 609(a)(1), SCRE.

During an in camera hearing, the trial judge ruled the probative value of admitting Young’s previous conviction for criminal sexual conduct was outweighed by its prejudicial value and allowed the prosecution to proceed by stating only that there was another felony for which Young had been convicted. The prosecution did not raise Young’s prior conviction for criminal domestic violence to the judge during the hearing, so the judge did not rule on its admission. After his direct examination, the State argued that Young had placed his character in issue with his statements insinuating that he was concerned about the victim’s well-being, particularly in the following testimony:

... and that’s when she said, I need to talk to you about something. She said, I ain’t ready to go. Not yet. I said, *496okay. What’s up? So she like start crying. So I said [victim’s name], look, I ain’t angry no more. Because, see, like I told my lawyer, I hate to see a female cry. So I said, all right. I ain’t angry no more. I ain’t angry no more. It’s all good. I ain’t angry no more.

(emphasis added). The State further contended that Young placed his character in issue by testifying that he was angry at the victim because “she don’t have to belittle herself like that” by performing oral sex on the other drug dealer and by testifying that he told her he was “going to make sure [she was] all right.” The trial judge determined that Young’s testimony had opened the door by injecting a character trait in issue and allowed the State to impeach the defendant with his prior criminal convictions for a 1994 criminal sexual conduct 3rd degree and a 1993 criminal domestic violence.

After carefully reviewing Young’s testimony, I find he did not place his character in issue and, therefore, did not open the door for admitting into evidence his prior convictions for criminal sexual conduct 3rd degree and criminal domestic violence. Young testified he sold drugs to the victim; however, he denied kidnapping or criminally assaulting her. Young’s testimony, when considered in proper context, did not connote specific character traits toward his treatment of females, but rather described and explained his version of what transpired between the victim and himself on the night in question.

I now address the question of whether the error was harmless, which necessarily depends on the particular circumstances of any case. “Error is harmless when it could not reasonably have affected the result of the trial.” State v. Reeves, 301 S.C. 191, 194, 391 S.E.2d 241, 243 (1990). “Error which substantially damages the defendant’s credibility cannot be held harmless where such credibility is essential to his defense.” Id. Young was on trial for criminal sexual conduct 1st degree and kidnapping. The trial jury could have concluded that Young had a greater propensity to commit a crime of a sexual nature because of his prior convictions for criminal sexual conduct 3rd degree and criminal domestic violence. Id. Whether Young committed the offenses of criminal sexual conduct 1st degree and kidnapping in this case essentially boils down to the conflicting testimony of the victim and *497Young himself. Because of the credibility issue in this case, the erroneous admission of Young’s prior convictions for similar offenses cannot be found to be harmless error, and, therefore, I would reverse and remand Young’s conviction for criminal sexual conduct 1st degree and kidnapping.