State v. Croteau

The defendant, Edward Croteau, appeals from his conviction on two counts of sexual assault following a jury trial in the Thirteenth Judicial District Court, Yellowstone County. We reverse.

The defendant raises the following issues on appeal:

1. Did the District Court err in admitting prior acts under Rule 404(b), M.R.Evid.?

2. Did the District Court err in giving the State’s Jury Instruction No. 1?

3. Did the record contain sufficient evidence to support the defendant’s convictions?

4. Was the sentence imposed by the District Court excessive?

On January 13, 1989, the Yellowstone County Attorney’s…