Opinion No. 3
from the District Court of the Fourth Judicial District of
the State of Idaho, Ada County. Hon. Jason D. Scott, District
Judge. Hon. Renae Hoff, Senior District Judge.
judgment of conviction is affirmed.
Benjamin, McKay & Bartlett, LLP, Boise, for appellant.
Dennis Benjamin argued.
Lawrence G. Wasden, Attorney General, Boise, for respondent.
Kenneth K. Jorgensen argued.
Kralovec appeals from his judgment of conviction for one
count of battery on a correctional officer. I.C. §§
18-915(2) and 18-903. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
February 6, 2014, Kralovec was arrested by Boise City Officer
Tad Miller for public intoxication and resisting and
obstructing arrest. While he was being transported to jail,
Kralovec was antagonistic. He cursed, insulted, and
threatened Officer Miller. Upon arrival at the jail, Kralovec
was met by Deputies Gary Ambrosek, Ralph Thompson, Luis
Torres, and Richard Michaelson and taken to a holding cell.
remained combative and non-compliant during the intake
process. The four deputies took turns restraining Kralovec to
search him and remove his handcuffs so that he could be left
alone in the cell. The deputies placed Kralovec on a concrete
bench in the cell in a prone position with his legs in a
"figure four leg trap" with his face to the wall.
At some point during the search, Kralovec's right leg
came free and kicked out, knocking a microphone loose from
the clip on Deputy Ambrosek's shirt and allegedly
striking Deputy Michaelson in the shoulder. The incident was
recorded by a camera in the holding cell. It is undisputed
that Deputy Michaelson's shoulder was injured at some
point during the incident; however, the parties disagree as
to the cause of the injury.
April 30, 2014, the State filed an information charging
Kralovec with one count of battery on a peace officer under
Idaho Code sections 18-915(3) and 18-903(a) for striking
Deputy Michaelson. On October 3, 2014, the State filed an
amended information charging Kralovec with battery on a
correctional officer in violation of Idaho Code sections
18-915(2) and 18-903.
2, 2014, the State filed notice of its intent to introduce
audio evidence of Kralovec's arrest and transport to jail
to show Kralovec's knowledge and intent pursuant to Idaho
Rule of Evidence 404(b). Kralovec objected, arguing that the
evidence was either not relevant, or its probative value was
substantially outweighed by its prejudicial effect. The
district court concluded that the evidence was res
gestae evidence temporally connected with the alleged
battery and had a tendency to explain Kralovec's alleged
misbehavior during the booking process. The district court
further concluded that the evidence was admissible under
Idaho Rule of Evidence 404(b) as it was relevant to
jury trial took place on October 6-8, 2014. Prior to the
trial, Judge Jason Scott had presided over the proceedings;
however, Senior Judge Renae Hoff presided over the trial.
During the trial, the State presented testimony from Officer
Miller and Deputies Michaelson, Torres, Thompson, and
Ambrosek, photographic and video evidence taken from the
holding cell, and an audio recording from Kralovec's
transport to the jail. The jury found Kralovec guilty of
battery on Deputy Michaelson.
the jury trial, a hearing was held on October 24, 2014,
before Judge Scott. The record does not contain a transcript
of the hearing, but the court minutes show that Kralovec
requested "for Judge Hoff to do sentencing or in
alternative this Court listen to the audio of the [jury
trial]." The State responded that "[a]ll info this
Court needs will be in PSI, [Defendant] can argue at
sentencing any evidence." The district court denied the
motion to have Judge Hoff handle the sentencing hearing;
however, the court indicated that Kralovec was free to file a
written motion if he wanted. The court minutes are silent as
to the disposition of Kralovec's request for Judge Scott
to listen to the audio recordings of the jury trial.
was held on November 14, 2014. Prior to receiving arguments
from the parties, Judge Scott inquired if either party wished
to submit any further evidence regarding sentencing. Neither
party submitted additional evidence. The district court
imposed a suspended five-year sentence, with one year fixed,
and placed Kralovec on probation for five years. After the
sentence was pronounced, Kralovec's counsel inquired as
to the materials Judge Scott had reviewed prior to
sentencing. Judge Scott explained:
THE COURT: I have reviewed the entirety of the presentence
investigation report, and there is an addendum to the
presentence report dated November 13 of this year. I have
reviewed those items.
And I have my preexisting familiarity with the case from the
matters that were brought in front of me and in the course of
the rulings I made. I will acknowledge that I have not
reviewed the trial transcript.
[KRALOVEC'S COUNSEL]: Has Your Honor reviewed ...