STATE v. BOE

No. 26691.

847 N.W.2d 315 (2014)

2014 S.D. 29

STATE of South Dakota, Plaintiff and Appellee, v. Derek BOE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 14, 2014.


Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Kelly Marnette , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Brad A. Schreiber , Joan Boos Schueller of Schreiber Law Firm, LLC, Pierre, South Dakota, Attorneys for defendant and appellant.


KONENKAMP, Justice.

[¶ 1.] Derek Leroy Boe was convicted by a jury of aggravated assault, discharge of a firearm at a car, and possession of a firearm by a prohibited person. On appeal, he asserts, among other things, that the circuit court abused its discretion when it admitted evidence of his 2002 conviction for aggravated assault as other act evidence under SDCL 19-12-5 (Rule 404(b)).

Background

[¶ 2.] Boe and Tabetha Key began a romantic...

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