State v. Armstrong

[¶ 32.] I join the opinion of the Court. I write to address the concurrence in result’s application of SDCL 19-12-5 (Rule 404(b)). The concurrence in result concludes that the prior sexual misconduct with the first adolescent was too remote and too dissimilar to be relevant under SDCL 19-12-5 (Rule 404). The concurrence in result bases its conclusion on State v. Fisher, 2010 S.D. 44, 783 N.W.2d 664. But the admission of the prior act in Fisher was reversed because that defendant was a juvenile at the time of the prior act while Armstrong was twenty-two years-old at the time of his prior act.…