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State v. Schleve12/20/2000
nce introduced at the Prieur hearings and find no error in the trial court's ruling that evidence of the two incidents involving B.C. and the sexual battery of the five-year-old girl was admissible at trial. Given the testimony of B.C. and the fact that defendant pled guilty to sexual battery as a result of the latter incident, a jury reasonably could have concluded that defendant committed the acts described, even if the applicable burden of proof was by clear and convincing evidence. See Hills, 99-1750, 761 So.2d at 522. Further, the evidence was relevant to an issue other than the defendant's character. The prior incidents were evidence of the defendant's "lustful disposition" toward young girls. Thus, the evidence was relevant in determining whether defendant possessed specific intent to commit a sexual offense when he entered OLOL. See Miller, 718 So.2d at 966. Lastly, we conclude the trial court did not abuse its discretion in ruling that the probative value of the Prieur evidence outweighed its prejudicial effect in this case. The state's case relied entirely on circumstantial evidence to establish the intent with which defendant entered the two schools. Therefore, the evidence showing his lustful disposition toward young girls was highly probative with regard to this critical issue, although it was also very prejudicial. Ultimately, questions regarding the admissibility of evidence are within the discretion of the trial court and should not be disturbed absent a clear abuse of that discretion. State v. Mosby, 595 So.2d 1135, 1139 (La. 1992). We find no abuse of discretion in this case.
These assignments of error are without merit.
Admissibility of Photographs
In his second pro se assignment of error, defendant contends the trial court erred in admitting into evidence, over defense objection, several photographs presented by the state. The photographs at issue depict: (1) distance shots of the entrance into the classroom building at OLOL (where defendant was discovered) showing signs on the doors (S-8 & S-9); (2) close-up views of signs on the OLOL doors advising that the doors are to be kept locked, for the safety of the students (S-10 & S-11); and, (3) signs posted at Mandeville Elementary advising that, as a safety precaution, all visitors are required to sign in at the office and wear a visitor's badge (S-19 & S-20).
Defense counsel objected at trial to the introduction of these exhibits because the photographs were taken in 1998 and, therefore, did not accurately reflect the condition of the schools in 1996, when the incidents in question occurred. The trial court overruled the objections.
The thrust of defense counsel's objections, as well as defendant's arguments on appeal, is that the photographs were inadmissible because they were not relevant. Louisiana Code of Evidence article 402 states, in pertinent part, that evidence that is not relevant is not admissible. Relevant evidence is defined as "evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." La. C.E. art. 401. In questions of relevancy, much discretion is vested in the trial court.
Such rulings will not be disturbed on appeal in the absence of a showing of manifest abuse of discretion. See State v. Pooler, 96-1794, 696 So.2d 22, 46.
Defendant's contention that the signs did not actually reflect the condition of the schools in 1996 is based on the testimony of Mandeville's secretary, Genie Livaudais, that the signs pictured in S-19 and S-20 were not the exact signs posted in 1996 because the doors had been pai
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