Johnson v. State

The primary issue presented by this appeal is the claim of Otto Johnson (Johnson) that the trial court committed prejudicial error in a child sexual assault case by admitting into evidence a prior bad act. In addition, Johnson raises issues relating to the failure of the trial court to give a cautionary instruction with respect to charges of indecent liberties with minors and the refusal to give an identical instruction as a theory of the case instruction. We are satisfied the admission of the prior bad act is justified by our prior decisions; it would have been improper under Wyoming law to give the cautionary - Page 94 instruction; and that impropriety should not be circumvented by simply calling the instruction a theory of the case instruction. The judgment and sentence entered in the district court is affirmed.