State v. Brush

Appellant, Scott Stephen Brush, was convicted of sexual assault in District Court, Sixteenth Judicial District, Custer County, following a trial by jury. During the trial, defense counsel made a motion for a mistrial based on testimony introducing other crimes contrary to a pre-trial agreement. This motion was denied as was a similar motion for new trial and/or mistrial made after the jury verdict. Appellant appeals his conviction and the trial court’s denial of his motions for mistrial and new trial.

We affirm.

Brush raises three issues on appeal.

1. Did the District Court err in denying…