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Daker v. State

Although the stalking victim's testimony that her roommate had died was unnecessary for the admission of the roommate's spontaneous declaration regarding the stalking, the trial court's admission of the testimony was not reversible error since the state was not allowed to present evidence that defendant was a suspect in the roommate's death.

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Waseem Daker was charged with two counts of aggravated stalking. The indictment alleged that, in violation of a condition of his pretrial release, Daker contacted Lottie Spencer on October 14 and 20, 1995, at her home without her consent for the purpose of harassing and intimidating her. The jury returned a verdict of guilty on both counts. After entry of conviction and sentence, Daker moved for a new trial and for a sentence modification. After those motions were denied, Daker unsuccessfully sought to recuse the trial judge. In Case Number A00A0400, Daker appeals his convictions and the denial of his motion for new trial. In Case Number A00A0401, he appeals the denial of his motion to recuse the trial judge. Case Number A00A0402 is Daker’s appeal of the order denying his motion for sentence modification. We find no reversible error in any of the appeals and affirm.

Spencer worked as an office manager for a group of psychiatrists. Toward the end of 1993, she became an avid participant in a sport known as paint ball. She and Daker played on the same team. When they met, she was about 30 years old and he was about 17.

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