State v. Smith

I respectfully dissent. I would hold that the evidence of prior cocaine use was admissible as part of the res gestae. I would also hold that exclusion of Hank’s prior statement was *449error; however, the error was harmless. Thus, I would affirm defendant’s conviction and sentence.

The res gestae theory recognizes that evidence of other offenses may be an integral part of the crime with which the defendant is charged, or may be needed to aid the fact finder in understanding the context in which the crime occurred. People v. Czemerynski, 786 P. (2d) 1100, 1109 (Colo. 1990). The rationale underlying…