Pirnat v. State

NAJAM, Judge.

STATEMENT OF THE CASE

Following a jury trial, Steven W. Pirnat was convicted of Child Molesting, 1 a Class D felony. We reverse and remand.

ISSUE

The dispositive issue presented on appeal is whether the trial court erred in admitting evidence of Pirnat's prior conviction of child molesting in that our supreme court has abandoned the depraved sexual instinet exception to the rule prohibiting the admission of prior bad acts and has adopted in lieu thereof Fed.R.Evid. 404(b) governing the admission of character evidence. 2

FACTS

The victim, T.C., was Pirnat's stepson. In April of 1990,…