State v. Bustamante

Sebastian "Frank" Bustamante appeals his conviction for second-degree murder of his son, Jason, contrary to § 940.02(1), Stats., 1977, 1 after a jury trial. Bustamante argues the trial court improperly admitted other acts evidence that unfairly prejudiced his defense and, therefore, his conviction should be reversed and the case should be remanded for a new trial. We disagree and affirm the conviction.

Jason was nearly one year old in 1978 when his parents, Bustamante and Mary Hunt, took him to the hospital because he was pale, rigid and unresponsive. When they arrived at the emergency room,…