This is a lovely story about a swell guy (note sarcasm). Floyd Williams was convicted on two counts of rape and one count of second degree assault with sexual motivation, which involved two victims. The cases had been consolidated and tried together. The trial court admitted testimony from the victim of Floyd’s prior rape conviction. Floyd was sentenced to life imprisonment as a persistent offender based on these convictions and the prior rape conviction.
Floyd appealed the admittance of the prior victim’s testimony. In addition, Floyd claimed that the assault charge should have merged with the rape charge.
Evidence Rule 404(b) prohibits evidence of other crimes to show that the defendant acted in conformity with that character-had a propensity to commit this crime. But evidence of prior crimes may be admitted for other purposes, “such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.” Since the facts of the earlier rape were very similar to the facts of both the recent rapes, the trial court held that it showed a common scheme and the prejudice of the testimony was minimal. The Court of Appeals agreed.
Next Floyd argued that he could not be convicted of both assault and rape as the assault was part of the rape and the assault had no independent purpose. Since the assault on the victim before and during the rape is what raised it to the level of First Degree Rape, Floyd couldn’t be convicted of both charges. There was merger of the two crimes and thus the conviction for assault was vacated. Boy, I bet ole Floyd was glad to get that assault off his record. I mean what would his employer think?
Three strikes and you’re out Floyd. Out for life! Floyd also made some Pro-se arguments including that the forensic lab who conducted the tests on the victims had a history of making mistakes. But at trial he argued that the sex was consensual. Nice try Floyd.