State v. BECKELHEIMER, 211 N.C. App. 362

Indicted 23 June 2008 on three counts of taking indecent liberties with a child and one count of statutory sexual offense; superseding indictment 1 June 2009 added first-degree sexual offense.
4 May 2009 defendant moved to exclude evidence of uncharged acts under Rule 404(b) and related rules; sought to bar testimony by victim's half-brother about past sexual behavior.
3 August 2009 trial in Chatham County; evidence included testimony from the victim and the half-brother about prior acts years earlier.
July 2007 incident: 11-year-old victim, defendant 27, alleged sexual touching and kissing; victim testified to earlier touching on two occasions.
Court admitted half-brother Ronnie Branson’s testimony about prior sexual conduct with defendant; testimony was contested as 404(b) evidence and potential prejudice.
7 August 2009 jury convicted defendant on all counts; trial court sentenced indecent liberties counts 16–20 months and first-degree sexual offense 192–240 months, with the latter concurrent; defendant appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of Branson testimony under Rule 404(b)	State argues similarity and probative value support admissibility.	Beckelheimer contends acts are dissimilar and remote, warrant exclusion.	Testimony excluded due to lack of sufficient similarity; but reversal on prejudice regardless.
Prejudice from admission of Branson testimony	Admission was probative and did not prejudice the defense.	Evidence risked convicting him by character rather than proof of crime.	Prejudice established; new trial granted.

State v. Al-Bayyinah, 356 N.C. 150 (2002) (limits and guides 404(b) admissibility for similarity and prejudice)
State v. Bowman, 188 N.C. App. 635 (2008) (similarity and temporal proximity required for 404(b) evidence)
State v. Stevenson, 169 N.C. App. 797 (2005) (balancing probative value against prejudice under 403)
State v. Dixon, 77 N.C. App. 27 (1985) (concurrence of common features needed for 404(b) relevance)
State v. Carpenter, 361 N.C. 382 (2007) (similarity and remoteness in time required for 404(b) evidence)