STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2022 KW 0438 VERSUS

JOEL SMITH MAY 171, 2022

In Re: State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. DC - 20- 06368.

BEFORE: McDONALD, LANIER, AND WOLFE, JJ.

WRIT GRANTED. Although evidence of other crimes, wrongs, or acts may not be admitted to prove the accused is a person of criminal character, evidence of other crimes has long been admissible if the State establishes an independent and relevant reason for its admission. See La. Code Evid. arts. 404( B)( 1) & 412. 2( A). See also State v. Altenberger, 2013- 2518 ( La. 4/ 11/ 14), 139 So. 3d 510, 515 ( per curiam). Furthermore, in State v. Wright, 2011- 141 ( La. 12/ 6/ 11), 79 So. 3d 309, 317, the Louisiana Supreme Court pointed out that in enacting La. Code Evid. art. 412. 2, " the Legislature did not see fit to impose a restriction requiring such evidence to meet a stringent similarity requirement for admissibility." Accordingly, the ruling finding the evidence of the defendant' s prior offense inadmissible is reversed, and this matter is remanded for further proceedings.

JMM WIL EW

COURT OF APPEAL, FIRST CIRCUIT

611S, 0 DEPUTY CLERK OF COURT FOR THE COURT