State v. Phillips

Defendant was convicted of robbery and kidnapping after a jury found that, along with two or three others, he confined a man in a storage shed and then robbed him of weapons, ammunition, and other items. On appeal, defendant assigns error to the admission of evidence that he had participated in an earlier theft from the same victim. According to defendant, that evidence was inadmissible because it was not relevant to any fact in issue except defendant’s propensity to engage in criminal conduct. We conclude, however, that evidence of the earlier theft was relevant to prove the fact that,…