State v. Domingo Jesus Diaz

SUBSTITUTE OPINION

THE COURT’S PRIOR OPINION DATED MAY 6, 2015 IS HEREBY WITHDRAWN

MELANSON, Chief Judge.

Domingo Jesus Diaz appeals from his judgment of conviction for assault with intent to commit rape and battery with intent to commit rape. He contends that the district court erred in denying his motion to sever the two counts and allowing the state to introduce I.R.E. 404(b) character evidence. He also contends that his sentences are excessive. For the reasons set forth below, we affirm.

I

FACTS AND PROCEDURE

On May 21, 2013, an individual, later identified as Diaz, was waiting outside of a…