State v. Boe

KONENKAMP, Justice.

[¶ 1.] Derek Leroy Boe was convicted by a jury of aggravated assault, discharge of a firearm at a car, and possession of a firearm by a prohibited person. On appeal, he asserts, among other things, that the circuit court abused its discretion when it admitted evidence of his 2002 conviction for aggravated assault as other act evidence under SDCL 19-12-5 (Rule 404(b)).

Background

[¶ 2.] Boe and Tabetha Key began a romantic relationship in 2011. They lived together in Boe’s home until an argument led Key to move out at the end of the year. Shortly thereafter, on January 21,…