State v. AcostaAnnotate this Case
In this criminal case, the trial court acted within its discretion in admitting uncharged sexual misconduct that occurred twelve years prior to the charged conduct.
After a jury trial, Defendant was convicted of sexual assault in the first degree and two counts of risk of injury to a child. The appellate court affirmed the judgment of conviction. On appeal, Defendant argued that the uncharged sexual misconduct evidence was too remote and insufficiently similar to the charged offenses, and therefore, the trial court abused its discretion in admitting it. Defendant relied on State v. De Jesus, 953 A.2d 45 (Conn. 2008) to make his argument. The Supreme Court affirmed, holding that the trial court did not abuse its discretion in admitting the twelve year old uncharged sexual misconduct evidence because it satisfied the requirements of DeJesus.