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Capshaw v. State9/29/2000
ence. On the other hand, if the defendant did not announce the intention to object prior to trial, there would be no error arising out of its introduction by the prosecution. Invoking such a procedure, similar to that adopted in connection with W.R.E. 404(b), would definitively resolve the issue, and we would not find it included in the claims of error on appeal.
I agree to affirm Capshaw's conviction, but I would address the issue of the prior convictions differently.
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