Opinion
2024 KW 0300
06-27-2024
STATE OF LOUISIANA v. BRYANT A. TUNSON
In Re: State of Louisiana, applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, No. 18-89.
BEFORE: GUIDRY, C.J., McCLENDON AND WELCH, JJ.
WRIT GRANTED. The trial court's ruling denying the "State's Notice of Intent to Use Other Crimes Evidence" is reversed. Louisiana Code of Evidence article 404(B) (1) (a) allows evidence of other crimes, wrongs, or acts to be offered when the evidence is an integral part of the act or transaction that is the subject of the present proceeding. In this case, the evidence offered at the Prieur hearing established the alleged theft is an integral part of the act that led to the charged offense. As such, the evidence is highly relevant and admissible. Therefore, the trial court abused its discretion by precluding the State from offering this evidence at trial. Accordingly, this matter is remanded to the trial court for further proceedings consistent with this ruling.
PMc
JEW
Guidry, C.J., dissents and would deny the writ application.