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State v. Kidd

Court of Appeals of Missouri, Western District, First Division

May 28, 2019

STATE OF MISSOURI, Respondent,
v.
TIMOTHY G. KIDD, Appellant.

          APPEAL FROM THE CIRCUIT COURT OF CASS COUNTY The Honorable William B. Collins, Judge

          Before: Victor C. Howard, Presiding Judge, Lisa White Hardwick and Gary D. Witt, Judges.

          LISA WHITE HARDWICK, JUDGE.

         Timothy Kidd appeals from his conviction of first-degree domestic assault, for which he was sentenced to eleven years in prison. He contends the circuit court erred in failing to intervene sua sponte when one of the State's witnesses offered allegedly improper character and propensity testimony. We affirm.

         Factual and Procedural History

         In July 2015, Kidd and the victim were dating. On the morning of July 21, 2015, they woke up on a flatbed trailer in the front yard at the home of Kidd's brother, John.[1] Kidd and the victim had spent the night outside on the trailer because John would not let them sleep inside the house. After they woke up, Kidd wanted to have sexual intercourse with the victim, but she refused. Kidd kept rubbing the victim's hip, but she told him to stop. Kidd became angry and got off of the trailer.

         The victim also got off of the trailer, folded her blanket, and stacked her pillow and blanket on the edge of the trailer. She put her purse on her shoulder and used her cell phone to call her sister and ask her to come pick her up. Kidd tried to grab the victim's cell phone, so she stuck it in the pocket of her cargo shorts. The victim then took her suitcase and started to walk away from Kidd.

         The victim took two or three steps before Kidd went after her and started beating her. He knocked her to the ground, sat on top of her waist, and repeatedly hit her with his fists in her face, neck, and chest. She lost consciousness. As the victim woke up, she remembered hearing John tell her to stay down because she was hurt. He also told her that the police and an ambulance were on their way.

         According to John, he had been awakened that morning by loud voices arguing. He looked out of his bedroom window and saw Kidd and the victim, so he went back to bed. Later, when he got up, he went to the living room and heard someone crying outside. John went outside and saw the victim. Her face was red and swollen. It had not been like that when he had seen her the night before. He did not see Kidd. John called the police.

         When the police arrived, they noticed that the victim's face was red and swollen, and she was bleeding from her mouth. She appeared dazed and confused. The police were not able to locate Kidd.

         The victim was taken to the hospital in the ambulance. During the ambulance ride, she was in and out of consciousness. The emergency room doctor who treated the victim determined that she had signs of a head injury with an altered level of consciousness, signs of blunt force trauma to her head and face, a depressed fracture of her left maxillary sinus cavity, soft tissue swelling to the face, and a hematoma in her sinus cavity. The injuries were all acute, which meant that they were recent. The victim's injuries were serious enough that the emergency room doctor activated the trauma team and had a trauma surgeon evaluate her. As a result of her injuries, the victim could eat only soft food for three weeks after the incident because of the pain.

         The State charged Kidd, as a prior domestic violence offender, with first-degree domestic assault. A jury trial was held. The jury found Kidd guilty, and the court sentenced him to eleven years in prison. Kidd appeals.

         Analysis

         In his sole point on appeal, Kidd contends the circuit court erred in failing to intervene sua sponte when John offered improper character and propensity testimony. Specifically, during direct examination, the State had just started ...


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