State v. Luna

OPINION

KIRSCH, Judge.

Following a jury trial, Genaro Luna was acquitted on eight counts of child molesting,1 five of which were Class A felonies and three of which were Class C felonies. The State now appeals on a reserved question of law: whether the trial court erred when it admitted evidence that the complaining witness, T.P., had made a prior allegation of molestation, where the only evidence that the prior allegation was "demonstrably false" was that no criminal charges were ever filed against the alleged perpetrator.

We affirm, based however on other grounds.

FACTS AND PROCEDURAL HISTORY

The…