State v. Jerry Lee McClain, 302 P.3d 367

McClain charged with rape and domestic violence in the presence of a child; separate case for violating a no contact order and intimidating a witness; cases consolidated for trial.
Prosecution sought to admit prior domestic-violence history under Rule 404(b); district court ruled such evidence inadmissible for unfair prejudice balance.
Before trial, the State redacted a police interview video from about two hours to 68 minutes; McClain moved to redact further portions.
Trial: jury acquitted of rape but convicted McClain of domestic violence, intimidating a witness, and violating a no contact order.
Persistent violator enhancement sought using Idaho and Oregon felonies; Oregon conviction record was incomplete as to felony status; conviction used to enhance sentences.
On appeal, McClain argues improper video admission and insufficient evidence for persistent violator; these issues are reviewed on appeal; court affirms convictions but vacates persistent violator enhancements and remands for resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the video admission violated Rule 404(b).	State: video relevant to intent; probative and not substantially prejudicial.	McClain: portions contain improper 404(b) evidence and prior acts; prejudicial.	Admission upheld; harmless error.
Whether there was sufficient evidence the Oregon conviction was a felony for persistent violator.	State: Oregon conviction is felony assault; supports enhancement.	Oregon judgment did not show felony status; insufficient.	Insufficient evidence; vacate enhancements and remand for resentencing.

State v. Pepcorn, 152 Idaho 678 (Idaho 2012) (two-tier 404(b) analysis; relevance and balancing against prejudice)
State v. Grist, 147 Idaho 49 (Idaho 2009) (relevancy and balancing under 404(b))
State v. Avila, 137 Idaho 410 (Ct. App. 2002) (404(b) relevance and prejudice considerations)
State v. Whitaker, 152 Idaho 945 (Ct. App. 2012) (sufficiency review; deference to trial court on relevancy)
State v. Lovejoy, 60 Idaho 632 (Idaho 1939) (burden to identify defendant as same person in prior convictions)