Dougherty v. StateAnnotate this Case
After a jury trial, Defendant was convicted of one count child endangering/obscene act. The conviction arose from Defendant’s act of exposing himself to an eleven-year-old girl and then masturbating. Defendant appealed, arguing (1) the trial court erred when it refused to instruct the jury on the definition of the term “presence” as it is used in the charging statute, Wyo. Stat. Ann. 6-4-403(b)(iii), and (2) the district court improperly admitted evidence of Defendant’s prior bad acts in the form of court documents rather than testimony. The Supreme Court reversed, holding (1) the trial court did not err in refusing to admit the proposed jury instruction; but (2) the trial court abused its discretion when it admitted the court documents to show prior bad acts evidence, and Defendant was prejudiced by the admission of those exhibits. Remanded for a new trial.