Evidence — other acts — unfair prejudice

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Wisconsin Court of Appeals

Criminal

Evidence — other acts — unfair prejudice

Richard Sugden appeals a judgment convicting him of theft of a tractor in Vernon County. He also appeals an order denying his motion for a new trial in which he argued that the circuit court erroneously allowed evidence of theft of another tractor in Monroe County. The State argues that the Monroe County theft was admissible as other acts evidence to establish Sugden’s knowledge that the Vernon County tractor was stolen. Because we conclude that the probative value of the evidence of the Monroe County theft was substantially outweighed by the danger of unfair prejudice and confusion of the issues, we reverse the judgment and order and remand the matter for a new trial. This opinion will not be published.

2012AP2380-CR State v. Sugden

Dist IV, Vernon County, Rosborough, J., Per Curiam

Attorneys: For Appellant: Starner, Christina C., Green Bay; For Respondent: Balistreri, Thomas J., Madison; Gaskell, Timothy J., Viroqua