State of Arizona, Appellee v. Patrick M. Ferrero, Appellant

Summary

The court held that truly intrinsic evidence is not subject to Rule 404(c), but prior similar sexual conduct with the same child victim is not inherently intrinsic. It adopted a narrow definition of intrinsic evidence and concluded that the uncharged exposure act was neither directly probative of nor contemporaneous with and directly facilitative of the charged offense. The court vacated the court of appeals' decision and remanded for a new trial on two counts, requiring the trial court to apply the appropriate propensity or non-propensity framework to any other-act evidence.