No. 16-KA-130 Precedential Processed

State v. McGowan

Louisiana Court of Appeal, First Circuit · Filed August 10, 2016 · 199 So. 3d 1156

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Opinion text

JOHNSON, J., concurs with Reasons. | igl agree with the majority opinion but write separately to explain that while I dissented in State v. Patin, 13-618 (La.App. 5 Cir. 9/24/14) ; 150 So.3d 435, 443 , writ denied, 14-2227 (La.4/22/16), 191 So.3d 1043 , on the issue of addressing the admissibility of other crimes evidence where the defendant objected to the evidence pre-trial but not at trial, I find the contemporaneous objection rule applicable in the present case. I do not find that this case is one of. those rare occasions, like I found in Patin, where the exception to the contemporaneous objection rule should apply. Additionally, unlike Patin, Defendant in. the present case did not object to the trial court’s pre-trial ruling that the evidence at issue was admissible.