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Patrick v. State

The defendant failed to make an adequate proffer of the testimony he wanted to present to rebut the state's similar transaction evidence.

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Kyle Patrick was convicted of theft by receiving a stolen automobile Count 1 and fleeing or attempting to elude a police officer Count 2. He was sentenced to serve concurrent terms of 6 years for Count 1 and 12 months for Count 2. He appeals his conviction and sentence and the denial of his motion for new trial. Patrick claims that the trial court erred by refusing to allow him to present evidence to rebut the similar transaction evidence presented by the State. Because Patrick failed to make an adequate proffer of the evidence he sought to present, we affirm.

On April 16, 1999, the State filed and served a notice of its intent to present similar transaction evidence. On May 3, 1999, before Patrick’s trial began, the trial judge conducted a hearing outside the presence of the jury to determine if the similar transaction evidence should be admitted. The judge permitted the State to present evidence of two similar transactions where Patrick had pled guilty to theft by receiving a stolen automobile, but only for the purpose of showing Patrick’s identity, intent, course of conduct and state of mind.

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