STATE v. FISHER

No. 25169.

783 N.W.2d 664 (2010)

2010 SD 44

STATE of South Dakota, Plaintiff and Appellee, v. Ernest Albert FISHER, Jr., Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 9, 2010.


Attorney(s) appearing for the Case

Marty J. Jackley, Attorney General, Steven R. Blair, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Chris A. Nipe of Larson and Nipe, Mitchell, South Dakota, Attorneys for defendant and appellant.


KONENKAMP, Justice.

[¶ 1.] Defendant was indicted on multiple rape and sexual contact offenses against his daughter. Fourteen years earlier, when he was seventeen, defendant committed a sexual offense with his thirteen-year-old stepsister. At trial on the current charges, the circuit court allowed the prosecution to present the prior conviction to the jury with all its details. Because defendant's prior offense was too remote in time and not sufficiently similar...

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