Makinen v. State

BROWN, Chief Justice.

Appellant Mathew Makinen was charged, tried and convicted of incest with his stepdaughter, age 13, in violation of § 6-4-402(a)(ii), W.S.1977 (Cum.Supp.1986).1 He was sentenced to a term of fifteen to sixty months in the state penitentiary.

Appellant raises the following issues on appeal:

“I

“Whether the decision to allow uncharged misconduct testimony was improperly based on the Rule 404(b) ‘opportunity’ exception to hearsay.

“II

“Whether the decision to admit the tape recorded interview with prosecutrix was improperly based on its ‘investigatory’ and ‘corroborative’ nature.”

W…