State v. Perry

Syllabus

Wallace Steve Perry was convicted on four counts of criminal sexual conduct for sexually assaulting two of his biological daughters. We find the trial court erred by not excluding pursuant to Rule 404(b) Perry's stepdaughter's testimony that Perry also sexually assaulted her more than twenty years earlier. The State failed to meet its burden of demonstrating a logical connection between Perry's sexual assault of his stepdaughter and his sexual assault of his biological daughters, and the stepdaughter's testimony served no other legitimate purpose other than to show Perry's propensity to commit sexual crimes. We reverse and remand for a new trial.