Fairhurst, J. ¶1 —A jury convicted Jason Vincent Powell for the attempted burglary of his ex-girlfriend’s home. The Court of Appeals reversed the conviction based on the trial court’s admission of evidence under ER 404(b) that Powell ingested methamphetamine prior to the attempted burglary to show his mental state. At trial, however, defense counsel initially condoned the testimony and later objected only to question the witness…
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