State v. Ferrero

In State v. Ferrero, 229 Ariz. 239, 274 P.3d 509 (2012), however, the supreme court held that "henceforth, evidence is intrinsic in Arizona if it (1) directly proves the charged act, or (2) is performed contemporaneously with and directly facilitates commission of the charged act." 229 Ariz. 239,20, 274 P.3d at 513. The court clarified that evidence is not intrinsic merely because it "completes the story." Id. After our remand, the trial court reconsidered its previous rulings in light of Ferrero, and found the evidence of the uncharged acts--including the videotape segments, derived images, and the Yuma Acts--was not intrinsic to the charged offenses because they were neither part of a "single criminal episode" nor "necessary preliminaries" to the charged crimes and had not been "performed contemporaneously" with the charged crimes.