State v. Gailey

Defendant was convicted by a jury of first degree burglary. Defendant appealed, contending that the trial court erred in admitting testimony regarding defendant’s alleged participation in a prior burglary. The Court of Appeals affirmed without opinion, and defendant petitions this court for review. We reverse the Court of Appeals.

FACTS

On the morning of March 21,1985, Mary Ellen Burke drove to her house near Corvallis in Benton County and saw a turquoise Chevrolet automobile that she did not recognize parked in her driveway. When she entered her house, Mrs. Burke noticed a door that should…