State v. Sapien

ALOK AHUJA, Judge.

I respectfully dissent. Andrew Sapien was convicted of sexually molesting two of his siblings while he and his victims were living in the same household. The trial court permitted the State to adduce evidence during the guilt phase of Sapien’s trial of his rape of another sibling and household member, for which Sapien had been previously prosecuted through the juvenile justice system. I believe that the trial court erroneously admitted evidence *81of this uncharged rape, and that the erroneous admission of this substantially similar, serious, uncharged sex offense denied Sapien…