State v. Fike

Certiorari denied, No. 27,329, February 26, 2002 APPEAL FROM THE DISTRICT COURT OF ROOSEVELT COUNTY Robert C. Brack, District Judge OPINION ¶1 Defendant appeals his convictions and sentence for false imprisonment and battery on a household member. Defendant challenges his convictions on six grounds: (1) the trial court prejudiced the jury against Defendant by repeatedly admonishing Defendant in front of the jury; (2) the trial court should have excluded, as unfairly prejudicial, rebuttal testimony regarding Defendant's altercations while incarcerated; (3) the trial court should have granted a mistrial after the victim in her testimony accused Defendant of bad acts unrelated to the charged offenses; (4) the trial court improperly excluded evidence that the victim had accused two ex-husbands of similar conduct; (5) there was insufficient evidence to convict Defendant of battery on a household member; and (6) cumulative error deprived Defendant of a fair trial. Unpersuaded by Defendant's arguments, we affirm the convictions. After reviewing the record, we find that the trial court's warnings to Defendant and instructions to the jury were not prejudicial. We address the other five issues in more summary fashion. Defendant also challenges the trial court's decision to increase his sentence by six months based on a finding of aggravating circumstances. We hold that Defendant's sentence was increased in accordance with New Mexico law. FACTS AND PROCEEDINGS