 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Rexford v. State11/24/2004
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding precedent for any proposition of law.
MEMORANDUM OPINION AND JUDGMENT
Brenton Rexford was convicted of fourth-degree assault.
He appeals, contending that the district court erred when it rejected his request for a jury instruction on self defense, and when it excluded evidence of the victim's specific instances of prior assaults. He also claims that error occurred during the State's closing argument when the prosecutor quoted from the bible, and when he commented upon the lack of self defense evidence. Finally, Rexford claims that the district court erred when it found that he was a worst offender, and when it imposed a sentence of 1 year to serve. For the reasons explained below, we reject Rexford's claims and we affirm his conviction and his sentence.
Facts and Proceedings
In the summer of 2002, Rexford and his girlfriend, Carolyn A. Toovak, were living together in Rexford's mother's house. When Toovak went to the house on August 14, she found Rexford drinking with his cousin. Because Toovak did not want to be around Rexford when he was drinking, she called her sister to come and get her. Before Toovak's sister arrived, Rexford began to push Toovak around, and to pull her hair. He also grabbed her by the neck and choked her, then slammed her "down against the couch" and held her down by her arms. Toovak's sister arrived while Rexford was holding Toovak down on the couch. When Rexford saw Toovak's sister, he let go of Toovak and backed away from her.
Toovak's sister convinced Toovak to report the assault to the police. Toovak went to the police station and was interviewed by North Slope Borough Police Officer Haskell Moore Jr. Moore testified that Toovak told him that Rexford had choked her. Moore could see that Toovak was upset - she was crying, her face was red, and she was complaining of pain in her neck and in her right arm. He saw a bruise and a small scratch on her right arm. Moore took photos that showed red marks under Toovak's right eye, red spots and marks that "look like bruising"on the front of her neck, and a bruise and a scratch on her right arm. Moore testified that it looked like Toovak had been "beat up" by somebody.
Based on Toovak's report and her injuries, Rexford was charged with fourth-degree assault. Trial began on January 14, 2003.
On the morning of the second day of trial, the parties discussed jury instructions. Rexford asked for an instruction on self defense. The prosecutor, who had already presented evidence from Toovak and Officer Moore, objected on two grounds: that Rexford had not given the State timely notice of this justification, and that there was no evidence warranting a self defense instruction. Superior Court Judge Michael I. Jeffery, sitting in the district court, rejected Rexford's request because it was untimely.
Soon after, during Rexford's cross-examination of Toovak's sister, Rexford attempted to introduce evidence of specific instances of Toovak's prior violent behavior. Judge Jeffery ultimately ruled that this evidence was not admissible unless Rexford could show that it was relevant.
During the State's closing argument, the prosecutor quoted a proverb from the bible. Rexford objected, asserting that " e have separation of church and state. I don't believe it's appropriate to quote scripture in a closing argument." Judge Jeffery overruled this objection. Later, the prosecutor, respo
Page 1 2 3 4 5 6 Alaska DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|