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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1759 SEPTEMBER TERM, 2003

ALPHONSO DOMINIQUE HYMAN v. STATE OF MARYLAND

Kenney, Moylan, Charles E. Jr. (Retired, specially assigned) *Sonner, Andrew L. (Retired, specially assigned), JJ.

Opinion by Kenney, J.

Filed: September 13, 2004 * Sonner, J., participated in the hearing and conference of this case while an active member of this Court; he participated in the adoption of this opinion as a retired, specially assigned member of this Court.

Appellant, Alphonso Hyman, was convicted by a jury sitting in the Circuit Court for Montgomery County of second degree assault and kidnapping. He was sentenced to ten years' incarceration, with all but five years suspended, for the second degree assault charge, and three years' incarceration, with all but 18 months suspended, for the kidnapping charge. years probation. In addition, he was sentenced to five

Appellant noted a timely appeal and presents

three questions for our review, which we have reworded: 1. Did the trial court err by admitting evidence of a prior uncharged allegation of rape made by Jennifer Hyman against appellant? 2. Did the trial court err when it permitted Jennifer Hyman to testify in rebuttal about why she had terminated the babysitter? 3. Did the trial court err by admitting hearsay evidence? Finding no error, we affirm the judgments of the trial court. FACTUAL AND PROCEDURAL HISTORY On the evening of December 24, 2002, Jennifer Hyman ("Ms. Hyman") was in front of her apartment building unloading Christmas presents from her car when she was approached by appellant, her estranged husband. According to Ms. Hyman, appellant told her to She did and then "shrunk to the Please. Just leave

take her hands out of her pockets.

ground" in fear and stated, "[J]ust go away. me alone."

Appellant pulled out a "chef's knife" and told her to get up. He lifted Ms. Hyman up by her jacket and ushered her down the street to his car. Ms. Hyman, in fear for her life, was unable to

-2walk, and again fell to the ground. In response, appellant said, Ms. Hyman got up and

"Come with me or I'll do it right here." followed him to his car.

After appellant opened the passenger side rear door, he told Ms. Hyman to get in and take off her shoes, socks, pants, and underwear. Appellant asked for Ms. Hyman's keys and took them out He told her to get down on the floorboards of the Then he went to his trunk, presumably to Appellant

of her pocket.

car and "lay back."

either put something inside or retrieve something.

proceeded around to the driver's side door, pulled the seat up, and told Ms. Hyman to lie back further. car. After a few moments, Ms. Hyman tried to open both rear doors, but the child locks were engaged. When she peeked over the She When she complied, he left the

dashboard, she saw appellant across the street in her car.

then exited the car via the front seat and "took off running down the street." Ms. Hyman flagged down a passing car, got inside, and exclaimed to the driver, "Help me. trying to rape me. Please, help me. My husband is

Can you please take me to the police station."

Julio Shaik was the driver of the car that Ms. Hyman flagged down. He testified that he had just dropped his wife off at a

Christmas party and was looking for a parking spot when he noticed Ms. Hyman running toward him. He stated that she was frantically

trying to get his attention, and when she got in the car she told

-3him that "her husband was trying to rape her." the police station. Upon arriving at the police station, appellant reported the incident and explained to the police that one month earlier, on November 23, 2002, appellant had raped her in their home. Over He drove her to

objection, Ms. Hyman was permitted to testify about the prior alleged rape. She explained that she and appellant had had an "off and on," "rocky relationship" for quite some time. Ms. Hyman

testified that they had two sons and had lived apart several times during their 8

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