State v. Wermerskirchen

COYNE, Justice.

The court of appeals granted the defendant, Thomas Wermerskirchen, a new trial on a charge he sexually touched his 9-year-old daughter and thereby committed criminal sexual conduct in the second degree, Minn.Stat. § 609.343, subd. 1(a) (1990). 1 The court of appeals ruled (1) that Spreigl or other-crime evidence was properly admitted pursuant to Minn.R.Evid. 404(b) to prove that any touching was intentional but was not properly admitted to prove that any touching occurred and (2) as a result of the prosecutor’s statements in closing argument and the trial court’s instructions…