Defense of Property

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **ROBERT AARON RODGERS,** **Appellant,** **V.** **THE STATE OF OKLAHOMA,** **Appellee.** **Summary Opinion** **KUEHN, VICE PRESIDING JUDGE:** On January 17, 2017, Appellant was charged in Grady County District Court with Domestic Abuse - Assault and Battery, in violation of 21 O.S.Supp.2014, § 644(C) in Case No. CM-2017-36. Appellant was found guilty following a jury trial and the Honorable Timothy A. Brauer, Special Judge, sentenced him according to the jury's recommendation to a $1,000 fine. Appellant appeals. Appellant raises three propositions of error in support of his appeal: **I.** Mr. Rodgers was denied a fair trial because the trial court refused to instruct on his theories of defense. **II.** The admission of irrelevant and prejudicial expert testimony on domestic abuse was plain error entitling Mr. Rodgers to a new trial. **III.** The audio tape sponsored by Cindy Trapp failed to meet the requisites for admissibility. Admission of this evidence denied Mr. Rodgers a fair trial. After thorough consideration of the entire record before us, including the original record, transcripts, exhibits, and briefs, we find that the law and evidence do not require relief. **Proposition I**: Appellant argues he is entitled to a new trial because the trial court denied his request for jury instructions on defense of another and defense of property. Decisions denying requested jury instructions are reviewed for abuse of discretion. Appellant fails to establish that any unlawful interference with his property occurred or was imminent. The trial court did not abuse its discretion in denying these instructions. **Proposition II**: Appellant contends that the testimony of Amanda Grayson, an expert on domestic violence, was irrelevant and prejudicial. Appellant did not object to the testimony at trial, waiving appellate review except for plain error. The expert testimony was relevant and provided insight into the victim's behavior and Appellant's intent. Thus, Proposition II is without merit. **Proposition III**: Appellant challenges the admission of a duplicate recording of a conversation based on the best evidence rule. Appellant objected on the basis of relevance rather than the best evidence rule, and thus has waived that issue. No genuine question regarding the authenticity of the duplicate was established, and the trial court took steps to ensure the jury was not misled by the recording. Therefore, Proposition III is denied. **Decision**: The Judgment and Sentence of the trial court is AFFIRMED. The MANDATE is ORDERED issued upon the filing of this decision. **APPEARANCES** **COUNSEL FOR DEFENDANT** ED GEARY **COUNSEL FOR APPELLANT** DAVID AUTRY **COUNSEL FOR STATE** NATALIA LEVCHENKO MIKE HUNTER KATHERINE MORELLI **OPINION BY**: KUEHN, V.P.J. **LEWIS, P.J.: CONCUR** **LUMPKIN, J.: CONCUR** **HUDSON, J.: CONCUR** **ROWLAND, J.: CONCUR** **RA/F** --- This summary captures the key elements of the case involving Appellant Robert Aaron Rodgers, the propositions of error raised, and the court's analysis and decisions, providing a streamlined understanding of the court's ruling.