The People of the State of Colorado v. Michael Lee Jones — Bender, J., Concurring

Summary

The concurrence agrees that the trial court properly admitted evidence of two alleged prior sexual assaults and that the court of appeals' decision should be reversed, with the convictions reinstated. It disagrees, however, with characterizing the court of appeals' analysis as requiring use of the doctrine of chances in every logical-relevance analysis. The concurrence instead reasons that the degree of similarity required under the applicable other-acts framework depends on the purpose for which the evidence is offered, and that general similarity was sufficient because the evidence was offered to rebut consent rather than prove identity.