Before Thomas, P.j., Diaz, And Herring, JJ.
The opinion of the court was delivered by: Thomas, P.j., For The Court:
Lambert v. State, 96-KA-00995-COA
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B
DATE OF JUDGMENT: 08/30/96
TRIAL JUDGE: HON. KEITH STARRETT
COURT FROM WHICH APPEALED: LINCOLN COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: CT I BURGLARY SENTENCED TO 8 YRS WITH LAST 5 YRS TO BE SERVED ON POST RELEASE SUPERVISION; CT II SEXUAL BATTERY SENTENCED TO 8 YRS WITH LAST 6 YRS TO BE SERVED ON POST RELEASE SUPERVISION; CT I TO RUN CONCURRENT WITH CT II
Robert Lambert appeals his conviction of burglary and sexual battery raising the following issues as error:
I. THE TRIAL COURT ERRED IN DENYING THE APPELLANT'S MOTION TO SUPPRESS CERTAIN AUDIO TAPE RECORDINGS AS INTRODUCED BY THE STATE AT TRIAL.
II. THE TRIAL COURT ERRED IN ALLOWING THE STATE TO COMMENT AND HAVE TESTIMONY OF OTHER ALLEGED, BUT UNCHARGED CRIMES OF THE APPELLANT, OVER OBJECTION, TO THE EXTREME PREJUDICE OF THE APPELLANT.
III. THE TRIAL COURT ERRED IN ALLOWING THE STATE TO VOUCH FOR AND BOLSTER THE TESTIMONY OF THE PROSECUTRIX IN THIS CASE.
IV. THE TRIAL COURT ERRED IN ALLOWING JURY INSTRUCTION 9, 10, 11 AS BEING DUPLICATIVE AND CONFUSING TO THE JURY IN THIS CAUSE.
V. REVERSIBLE ERROR OCCURRED WHEN THE TRIAL COURT ALLOWED THE STATE'S IMPERMISSIBLE COMMENTS OF THE DEFENDANT'S SILENCE, OVER OBJECTION, IN CLOSING ARGUMENTS.
VI. THE VERDICTS OF THE JURY ARE AGAINST THE OVERWHELMING WEIGHT OF THE CREDIBLE EVIDENCE ADDUCED AT TRIAL AND CONTRARY TO THE LAW IN THIS STATE.
VII. THE CUMULATION OF ERROR IN THIS TRIAL REQUIRES REVERSAL.
Finding no error, we affirm.
Katherine Smith and Robert Lambert began dating in September 1995; they even lived together for a three month period. Smith stated that she continued to see Lambert and even engaged in sexual relations with him, even though they were broken up. She testified that she did this because if she would see him one day he would leave her alone for approximately two to three days thereafter. On April 6, 1996, Smith and Lambert, with their children from previous relationships, spent the afternoon together at a park. Smith testified she did this because Lambert's stepdaughters wanted to see her. On April 7, 1996, Smith was asleep in her father's trailer on the couch, and around 9:30 p.m., something woke her up. She testified that she saw Lambert sitting ...