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MITCHELL v. STATE

No. 93-29.

865 P.2d 591 (1993)

Mark MITCHELL, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

December 16, 1993.

Attorney(s) appearing for the Case

Leonard D. Munker, State Public Defender, Cheyenne, and Defender Aid Program, Gerald M. Gallivan, Director, John H. Robinson and Ryan R. Roden, Student Interns, Laramie, for appellant.

Joseph B. Meyer, Atty. Gen., Peter J. Mulvaney, Sylvia L. Hackl, Deputy Attys. Gen., D. Michael Pauling, Sr. Asst. Atty. Gen., Cheyenne, and Prosecution Assistance Program, Theodore E. Lauer, Director, and Beverly Chewning Burton, Student Intern, Laramie, for appellee.

Before MACY, C.J., and THOMAS, CARDINE, GOLDEN and TAYLOR, JJ.

GOLDEN, Justice.

Of the two evidentiary issues raised in this appeal of the twenty-four year old appellant's conviction of second-degree sexual assault of a ten-year old girl, the major issue questions the admission under Wyo.R.Evid. 404(b), over appellant's objection, of evidence of the appellant's uncharged sexual misconduct to prove motive and intent in the present second-degree sexual assault prosecution. The other issue presented questions the admission, without...

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