The Idaho Court of Appeals on Thursday said Frank J. Tankovich's conviction for a hate crime will stand.

Frank, 49, and his brother William M. Tankovich, 53, were convicted by a 1st District Court jury in October 2010 of malicious harassment and conspiracy to commit the offense.

The felony charges stemmed from an incident in August 2009, involving a man of Puerto Rican descent, Kenneth Requena, and his white wife in front of the couple's Coeur d'Alene home. The Tankoviches shouted racial slurs at Requena and threatened him.

Another Tankovich brother, Ira, 51, was involved in the confrontation, and he was convicted in an earlier trial of conspiracy to disturb the peace. He also pleaded guilty to being a felon in possession of a handgun for bringing a gun to the scene, and was sentenced to prison.

The Tankoviches and Requena had an initial confrontation, then the Tankoviches left only to return shortly afterward with a pit bull and gun.

The Appeals Court said trial Judge John Luster didn't err by allowing expert testimony from Tim Higgins, of the Idaho Department of Correction, who performs tattoo identification.

Higgins told the jury that two tattoos of William Tankovich's are common among men in Aryan or white supremacist groups.

Frank Tankovich argued in his appeal that the tattoo evidence was irrelevant and inadmissible. He also said his trial should have been separate from William Tankovich's and that the evidence wasn't sufficient to support the verdict.

In her opinion for the Appeals Court, Judge Karen Lansing said the tattoo evidence was relevant.

She wrote, "If William and Ira harbored an intent to harass (Requena) because of his race, color, ancestry, or national origin, it is more likely that (Frank) Tankovich's participation in the alleged conspiracy was with the same criminal motive or purpose."

As for the expert's testimony being inadmissible, Lansing wrote that "expert testimony is inadmissible if it merely draws conclusions or opinions that the average juror" could come up with on their own using common sense.

Lansing said Higgins' testimony regarding the meaning of the "SS" lightning bolts and the three-leaf clovers William Tankovich had as tattoos was OK. She said the association of those symbols and white supremacist groups is not well known to the public.

Higgins wasn't allowed by Luster to testify about Ira Tankovich's "Aryan Pride" tattoo or the swastika drawn in the dirt on the side of the Tankoviches' truck that day.

The Appeals Court said Luster didn't abuse his discretion by denying Frank Tankovich's motion to sever his trial from William's.

And the court found there was "ample" evidence for conviction.

"Racial slurs that the Tankoviches used, the swastika on the truck, and the racist tattoos sported by (William and Ira Tankovich) all support a finding that their harassment of (Requena) was racially motivated," Lansing said.

Appeals Court Judges Sergio Gutierrez and David Gratton concurred with Lansing's opinion.

Kootenai County Prosecutor Barry McHugh said Thursday, "I am happy to see the Court of Appeals affirm Judge Luster's rulings during the trial, and find that the evidence supported the conviction rendered by the jury."

William Tankovich also appealed, and the Appeals Court upheld his conviction as well.

"The testimony concerning (William) Tankovich's tattoos was relevant to a material and disputed issue concerning the crime charged," Gratton wrote in that opinion, from Dec. 31.

William and Frank Tankovich weren't given prison time, but were given 300 hours of community service.