State v. Deaver

DIXON, Judge.

Defendant appeals his convictions of sexual abuse in the first degree and sexual abuse in the second degree. The cases were tried in one proceeding. The single issue presented is the propriety of rebuttal evidence by the state of commission of another sexual offense by the defendant at a different time and with a different person.

The defendant was charged with sexual contact with one eleven-year-old girl and one twelve-year-old girl. By agreement of the parties, the cases were heard jointly by the trial court sitting without a jury. The defendant was an instructor in horseback…