State v. Holcomb

Defendant appeals his conviction after a jury trial of lewd and lascivious conduct with a fourteen-year-old boy. He argues that the trial court committed plain error (1) in not requiring the State to elect between the two acts of lewd and lascivious conduct the evidence disclosed, and (2) in failing to charge the jury on the limited purpose for which evidence of a crime not charged was admitted. We affirm.

The information charged defendant with committing a lewd act on the body of the child “by fondling his genital area and attempting to remove his pants.” The victim’s testimony was that he…