Opinion
Argued November 16, 1988.
Decided December 9, 1988.
Appeal from the Superior Court, Cumberland County, Fritzsche, J.
James E. Tierney, Atty. Gen., Leanne Robbin (orally), Augusta, for plaintiff.
Ronald L. Bourget (orally), Bourget Bourget, Augusta, for defendant.
Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD, HORNBY and COLLINS, JJ.
MEMORANDUM OF DECISION.
A Superior Court jury (Cumberland County, Fritzsche, J.) convicted Raymond Smith of theft by unauthorized taking, 17-A M.R.S.A. § 353 (1983), violating the Charitable Solicitations Act, 9 M.R.S.A. § 5014 (1980 Supp. 1986), and witness tampering, 17-A M.R.S.A. § 454 (Supp. 1986). Contrary to defendant's contention, admission of evidence of defendant's prior convictions for violating the Charitable Solicitations Act did not constitute obvious error. The challenged evidence was admissible as relevant to defendant's knowledge, motive, and intent. See M.R.Evid. 404(b); State v. DeLong, 505 A.2d 803, 806 (Me. 1986). Furthermore, the court properly found that the danger of unfair prejudice did not outweigh the probative value of the evidence. See M.R.Evid. 403; State v. Hurd, 360 A.2d 525, 527 n. 5 (Me. 1976).
The entry is:
Judgment affirmed.
All concurring.