State v. Ferrero

OPINION

BERCH, Chief Justice.

¶ 1 The issue in this case is whether, in a prosecution for sexual offenses, evidence of similar sexual conduct with the same minor victim is “intrinsic evidence” that is not governed by Arizona Rule of Evidence 404(c). We also consider whether the type of evidence described in State v. Garner, 116 Ariz. 443, 569 P.2d 1341 (1977), is inherently intrinsic to the charged act. We conclude that Rule 404(c) does not apply to truly intrinsic evidence, but that Gamer evidence is not inherently intrinsic.

I. FACTS AND PROCEDURAL BACKGROUND

¶ 2 Patrick Ferrero was charged…