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Banister v. State

The trial court properly admitted defendant's 1991 conviction for a very similar offense.

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Following a jury trial, Jimmy Ray Banister appeals his conviction for theft by receiving a stolen vehicle,1 contending that the trial court erred by admitting similar transaction evidence of a prior guilty plea. For the reasons set forth below, we affirm.

Viewed in the light most favorable to the verdict, the record shows that, on the evening of May 23, 2000, a suspicious citizen called police when she witnessed a gold Volvo crashing through the gate of an auto shop across the street from her home. A couple of hours later, Banister was pulled over by Deputy Paul Ward for driving erratically. Deputy Ward asked Banister for his driver’s license and insurance card, and Banister “started patting around like he was looking for his driver’s license.” Banister then lied that he had left his license at home and gave Deputy Ward a false name and date of birth. Deputy Ward immediately noticed the smell of an alcoholic beverage on Banister’s breath. After checking with his dispatcher and confronting Banister about his lies, Deputy Ward discovered that Banister was an habitual violator and that the car he was driving had been stolen from the auto shop earlier in the evening.

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