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STATE v. AGUILAR

No. CR-03-0332-PR.

97 P.3d 865 (2004)

209 Ariz. 40

STATE of Arizona, Appellee, v. David Heran AGUILAR, Appellant.

Supreme Court of Arizona, En Banc.

September 16, 2004.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General by Randall M. Howe, Chief Counsel, Criminal Appeals Section and Robert A. Walsh, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender by Joel M. Glynn, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

RYAN, Justice.

¶ 1 We granted review to determine whether the aberrant sexual propensity exception to the prohibition against character evidence, codified in Arizona Rule of Evidence 404(c), encompasses sexual assaults against adults when the defendant claims the victims consented. We hold that it can.

I.

¶ 2 In a single indictment, the Maricopa County Grand Jury charged David Heran Aguilar with sexually assaulting four...

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