State v. Garcia-Rocio

I agree with the majority that this case must be reversed and remanded to the trial court. My reasoning *147diverges somewhat from the majority’s, however, prompting this concurrence.

I write to address the point on which the majority and dissent disagree: the extent to which the record made in the trial court must demonstrate how the trial court exercised its discretion in admitting evidence over an objection that the evidence should be excluded because its probative value is substantially outweighed by the danger of unfair prejudice. I concur with the majority’s conclusion that the record in…