The State v. Enich

Boggs, Judge.

The State appeals from the trial court’s order granting Eugene Enich’s motion for new trial on the ground that Enich should have been allowed to impeach a prosecution witness with evidence of her pending first offender probation. The State contends that a new trial should not have been granted because the evidence was properly excluded at trial, and that in any event the error was harmless. We find that the trial court did not abuse its discretion in determining that the excluded evidence should have been admitted to show the witness’ bias, and that the underlying error was not…