State v. Acker

KAPSNER, Justice.

[¶ 1] A jury found Gino Acker guilty of aggravated assault. He appeals from the judgment arguing the district court’s admission of his prior criminal conviction for sexual assault constitutes reversible error. We agree. We reverse the criminal judgment and remand the case for a new trial.

I

[¶ 2] The State charged Acker with aggravated assault. Acker drove Beau Johnson home after Acker and Johnson had been visiting bars in downtown Fargo. While driving to Johnson’s residence, the two began to argue about Johnson smoking in Acker’s vehicle. Acker alleged that when they arrived…