Belcher v. State

OPINION

Judge SUDDOCK.

A jury found Isaiah Termaine Belcher guilty of second-degree theft 1 for stealing a television and a Blu-ray DVD player from the Wasilla Walmart. Af trial, the State offered evidence of Belcher's prior conviction for third-degree theft. Over defense objection, Superior Court Judge Pat L. Douglass admitted evidence of the prior conviction as probative of identity, intent, common scheme or plan, and absence of mistake,.

On appeal, Belcher argues that the evidence was in admissible under Alaska Evidence Rule 404(b)(1). He is correct; as explained below, the evidence had no…