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State v. Young5/2/2005
hat 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 Young 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.
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