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Clonts v. State

The trial court did not err in allowing evidence that the defendant told the victim's fianc that he had Xanax since the state's theory was that the victim was drugged and the victim testified that she believed there was something other than alcohol in her drink.

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A jury found Jake Hayden Clonts guilty of one count of aggravated sodomy.1 On appeal, Clonts argues that the trial court erred in admitting certain evidence and that the court abused its discretion in failing to grant a mistrial following the State’s improper closing argument. Clonts also contends that he received ineffective assistance of counsel. Finding no error, we affirm.

Viewed in a light favorable to the jury’s verdict, the evidence shows that on December 4, 1999, Clonts hosted a party to celebrate his wife’s birthday. The victim and her fiancé were present at the party. The group initially met at the Clonts’ house for pre-dinner cocktails before going to a Mexican restaurant for dinner. According to the victim, she had a pre-dinner margarita and a shot of tequila at the restaurant.

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