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STATE v. OLIVER

No. COA10-431.

709 S.E.2d 503 (2011)

STATE of North Carolina v. Ronnie OLIVER.

Court of Appeals of North Carolina.

April 5, 2011.

Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Anne M. Middleton , for the State.

McCotter, Ashton & Smith, P.A., New Bern, by Rudolph A. Ashton, III , and Kirby H. Smith , for defendant-appellant.

BRYANT, Judge.

Where a witness gives testimony of prior misconduct by defendant, and the testimony of the witness is similar to that of the victim, i.e. their descriptions of defendant's conduct leading up to and during a sexual assault, and where the trial court determines that undue prejudice does not substantially outweigh the probative value of the testimony, there is no error in admitting the testimony. For the reasons stated herein, we affirm.

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