STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT NO. 2021 KW 021. 4 STATE OF LOUISIANA VERSUS

CARTER MAY 4, 2021 CHAUNCEY R.

for writs, In Re: State of Louisiana, applying supervisory District Court, Parish of East Baton 19th Judicial Rouge, No. 04- 14- 0019.

BEFORE: GUIDRY, McCLENDON, AND LANIER, JJ.

WRIT GRANTED. The district court' s ruling excluding evidence the defendant' s intentional exposure of prior acts consisting of to the AIDS virus is reversed, and this matter is remanded to the assaultive district court for further proceedings. " Sexually intentionally used by the behavior" is a general expression

Legislature in order to reference a broad range of behavior not offenses or any list of limited by statutorily -designated technical" definitions. State v. Layton, 2014- 1910 statutory 168 So. 3d 358, 362. As used in La. Code of Evid. La. 3/ 17/ 15), behavior is broad enough to art. 412. 2, sexually assaultive that is proscribed in La. R. S. include the type of conduct Because the district court found that the instant 14: 43. 5. involve assaultive offense and prior acts do not sexually behavior, we remand the matter to the district court to apply the See State v. balancing test provided in La. Code Evid. art. 403.

Fife, 2019- 01833 ( La. 1/ 28/ 20), 288 So. 3d 117( per curiam).

JMG PMO WIL

COURT OF APPEAL, FIRST CIRCUIT

Y DEPUTY TLtRK OF COURT FOR THE COURT