Armando M. Perez, Petitioner v. the People of the State of Colorado, Respondent

Summary

The court held that the erroneous admission of prejudicial prior-acts evidence under CRE 404(b), although admitted for only the enticement count, was not harmless as to the defendant's sexual-assault and kidnapping convictions. The counts shared related sexual-conduct elements, and the prosecutor repeatedly argued that the prior-acts evidence showed a broader pattern relevant to all three charges, making it unreasonable to assume the jury confined the evidence to the enticement count. The court reversed the court of appeals, vacated the two remaining convictions, and remanded for further proceedings.