State v. Gower

¶1 Our rules of evidence have long provided that “[e]vidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith.” Evidence Rule (ER) 404(b). In 2008, the legislature enacted a statute *853making an exception for evidence of sex offenses.1 Former RCW 10.58.090 (2008). In 2012, this court held that statute, RCW 10.58.090, was unconstitutional. State v. Gresham, 173 Wn.2d 405, 413, 269 P.3d 207 (2012). In 2009, between the statute’s enactment and subsequent invalidation, the trial court admitted evidence of David…