PEOPLE OF MI V TIMOTHY ALLEN BACON
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
July 12, 2002
Plaintiff-Appellee,
v
No. 229766
Shiawassee Circuit Court
LC No. 99-003590-FH
TIMOTHY ALLEN BACON,
Defendant-Appellant.
Before: Hood, P.J., and Saad, and E. M. Thomas*, JJ.
MEMORANDUM.
Defendant was convicted by jury trial of domestic violence, third offense, MCL
750.81(2) and (4). He appeals as of right. We affirm. This appeal is being decided without oral
argument pursuant to MCR 7.214(E).
On appeal defendant argues that the circuit court erred by admitting testimony regarding
prior bad acts by defendant under MRE 404(b)(1). We find no error. The prosecutor sought to
admit the challenged testimony to prove that its eyewitness was not mistaken, a proper purpose
under MRE 404(b)(1). The accuracy of the eyewitness’s perception of events was relevant to a
consequential issue of fact, namely whether defendant violently assaulted the victim or merely
“scooted” her out of his truck. This evidence had a high probative value which outweighed the
danger of unfair prejudice because the case otherwise presented a credibility contest between
witnesses. The circuit court did not abuse its discretion by admitting this evidence. People v
Crawford, 458 Mich 376, 383, 385; 582 NW2d 785 (1998).
Affirmed.
/s/ Harold Hood
/s/ Henry William Saad
/s/ Edward M. Thomas
* Circuit judge, sitting on the Court of Appeals by assignment.
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