Timothy R. Christensen v. The State of Wyoming
CourtWyoming Supreme Court
Date FiledOctober 29, 2026
DocketS-26-0073
StatusPublished
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Full Opinion
IN THE SUPREME COURT, STATE OF WYOMING
2026 WY 116
OCTOBER TERM, A.D. 2026
October 29, 2026
TIMOTHY R. CHRISTENSEN,
Appellant
(Defendant)
v.
S-26-0073
THE STATE OF WYOMING,
Appellee
(Plaintiff).
Appeal from the District Court of Sheridan County
The Honorable Benjamin S. Kirven, Judge
Representing Appellant:
Branden S. Vilos, Attorney at Law, P.C., Cody, Wyoming.
Representing Appellee:
Keith G. Kautz, Wyoming Attorney General; Jenny L. Craig, Deputy Attorney
General; Kristen R. Jones, Senior Assistant Attorney General; John J. Woykovsky,
Senior Assistant Attorney General. Argument by Mr. Woykovsky.
Before BOOMGAARDEN, C.J., GRAY, FENN, JAROSH, and HILL, JJ.
NOTICE: This opinion is subject to formal revision before publication in Pacific Reporter Third.
Readers are requested to notify the Clerk of the Supreme Court, Supreme Court Building, Cheyenne,
Wyoming 82002, of typographical or other formal errors so correction may be made before final
publication in the permanent volume.
JAROSH, Justice.
[¶1] A jury convicted Timothy R. Christensen of one count of second-degree
sexual abuse of a minor, CZ. Mr. Christensen appealed, alleging the district court
erred when it allowed the State to present prior consistent statements made by CZ
pursuant to Wyoming Rule of Evidence (W.R.E.) 801(d)(1)(B). Mr. Christensen
also asserts the district court erred when it excluded evidence related to a text
message CZ sent Mr. Christensen. Finding no error, we affirm.
ISSUES
[¶2] Mr. Christensen presents two issues on appeal, which we rephrase as:
1. Did the district court abuse its discretion when it admitted into
evidence prior consistent statements made by CZ?
2. Did the district court abuse its discretion when it excluded
evidence related to a text message CZ sent Mr. Christensen?
FACTS
[¶3] CZ has cerebral palsy and learning difficulties. In February 2025, she was
fifteen years old and in the sixth grade. CZ’s mother Samantha had a long-standing
friendship with Mr. Christensen’s wife, Kasandra. CZ and Samantha would often
visit Mr. Christensen and Kasandra at their home.
[¶4] During a visit on February 16, 2025, Samantha and Kasandra spent five hours
in the basement while Kasandra was doing Samantha’s nails. The Christensen’s
three children were also home that evening. Meanwhile, for most of that time, CZ
and Mr. Christensen were upstairs in the home.
[¶5] On that night, CZ told Mr. Christensen she wanted to have sex. He then
“grabbed [her] vagina” and motioned for her to follow him into his bedroom. In
the bedroom, Mr. Christensen told CZ to pull down her pants and lay on the bed,
which she did. He then pulled down his pants and underwear, put CZ’s legs on his
shoulders, and put his penis in her vagina for “a long time.” He also told CZ to turn
over and then he “put his penis in [CZ’s] butt.” He then told CZ to go back to the
living room, which she did. Sometime later, Samantha came back upstairs and she
and CZ returned home.
[¶6] The following evening, CZ woke up Samantha in the middle of the night to
tell her mother she had sex with Mr. Christensen and was worried she was pregnant.
Samantha and her sister, who lived next door, then took CZ to the emergency room.
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At the hospital, Nurse Chrissy White conducted a Sexual Assault Nurse Examiner
(SANE) exam on CZ. During the examination, Nurse White collected swabs from
CZ’s external genitalia, her vagina and cervix, her anus, and her fingernails. The
nurse also collected CZ’s underwear, sweatpants, and hoodie. Id. Testing later
revealed vaginal/cervical swabs contained male DNA consistent with Mr.
Christensen’s DNA profile. The DNA test was “approximately 5.66 thousand times
more likely [] from [Mr.] Christensen than an unknown, unrelated individual.”
[¶7] Sheridan Police Detective Karla Krinkee was assigned to the case. She
examined CZ’s cell phone and discovered over 1,000 text messages between CZ
and Mr. Christensen, dating back to April 2024. On both February 20 and 21, 2025,
Detective Krinkee used CZ’s phone to send Mr. Christensen text messages while
posing as CZ. In response to some of the text messages, Mr. Christensen called
CZ’s phone, but the detective did not answer. When the detective began sending
more messages posing as CZ, “to the effect of [CZ] being scared that she was
pregnant,” but that she “wanted to [have sex with Mr. Christensen] again,” Mr.
Christensen’s text response was, “Stop.” Mr. Christensen tried to call CZ’s phone
back several times, but when there was no answer, he texted, “Are you trying to get
me into trouble?” The exchange continued, with Mr. Christensen asking, “What did
I do wrong?” and telling CZ she is “going to get [Mr. Christensen] in trouble.” On
February 21, police executed a search warrant for the Christensen home. Police
seized Mr. Christensen’s cell phone but discovered it had been factory reset. Police
also obtained video footage available from cameras inside the home, although some
time frames were missing.
[¶8] On February 24, 2025, the State charged Mr. Christensen with two counts of
sexual abuse of a minor in the second degree. Count I alleged Mr. Christensen
“inflict[ed] sexual intrusion on CZ by vaginal sexual intercourse,” while Count II
alleged he “inflict[ed] sexual intrusion on CZ by anal intercourse[.]”
Trial
[¶9] A jury trial began on September 8, 2025. During his opening statement, Mr.
Christensen’s defense counsel stated:
Now the government’s claiming that Tim here,
followed a guest in the house into the bedroom at her
invitation, climbed up on to her, had sex with her two
different ways, and left. Just like that.
The government claims that this happened while
there were five other people in the house moving
around.
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Counsel added the defense would present testimony about what other witnesses
“didn’t see,” and that the jury would have to consider “if what the State is saying is
true, less than 8 feet separate the people doing the nails and what [the State] claim[s]
is happening on the bed[.]” Counsel also previewed testimony from CZ, stating that
“CZ is going to talk – come here and talk to you about what she says happened.”
Finally, defense counsel told the jury Mr. Christensen would testify in his own
defense, but not “to what the State claims happened.”
Testimony
[¶10] CZ testified first at trial. She described the events of February 16, and
recalled that although Mr. Christensen told her not to tell anyone, she decided to tell
her mother that she had sex with “Tim.” During CZ’s cross-examination, Mr.
Christensen asked CZ if she had ever “done any pranks on Tim over the phone,” or
texted him “something over the phone to freak him out,” and CZ said no.
[¶11] During the testimony of Mr. Christensen’s wife, Kasandra, both the State and
the defense revisited the topic of pranks. Kasandra testified that she reviewed Mr.
Christensen’s phone “kind of often” and had “full access” to it. When defense
counsel asked whether she had ever seen “anything inappropriate texted between
[Mr. Christensen] and CZ,” she answered, “Prior to this incident, no,” but then
added, “there was a conversation about a pregnancy test.” The State objected and
asked for Kasandra’s answer to be stricken from the record and for the jury to
disregard it because the comment “can only have something to do with sexual
conduct.” The State continued, “Wyoming Statute § 6-2-312 has not been complied
with and this is … inadmissible. That’s within rape shield.” Defense counsel argued
it “did not solicit this answer” and that the State opened the door to this answer. The
State then said, if it was someone else’s pregnancy test, “that would make it
irrelevant.”
[¶12] The court sustained the State’s objection, indicated it would instruct the jury
to disregard Kasandra’s answer, but allowed defense counsel to voir dire Kasandra
outside the presence of the jury. During that voir dire, Kasandra testified that she
found a text on Mr. Christensen’s phone of a picture of a pregnancy test. She
testified CZ sent the text. Mr. Christensen responded to CZ that she should tell her
mother, as it was obvious she and her boyfriend were doing “nefarious things.”
However, as it turned out, the picture of the pregnancy test was not CZ’s — it was
a picture of someone else’s pregnancy test. Id. Kasandra then recalled a subsequent
phone call between Mr. Christensen and CZ where it was revealed the picture was
“apparently … a prank.” No evidence existed that CZ had actually engaged in
sexual conduct related to the picture of the pregnancy test.
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[¶13] After the voir dire of Kasandra, the court upheld its prior ruling sustaining
the objection, and stated that “Sparks [v. State, 2019 WY 50, 440 P.3d 1095 (Wyo.
2019)] … is directly on point as it relates to this particular issue and prohibits any
further line of questioning into that specific matter.”
[¶14] CZ’s mother, Samantha, also testified. Samantha testified that CZ told her
she had sex with Mr. Christensen. When the State asked whether CZ told Samantha,
“what kind of sex she had,” Mr. Christensen objected on hearsay grounds. The court
overruled the objection, and Samantha recounted the details as CZ had told them to
her — that the parties had vaginal and anal sex, and it happened in Mr. Christensen’s
bedroom.
[¶15] Nurse White (who examined CZ), and Detective Krinkee also testified for
the State. Both witnesses testified as to what CZ told them. Nurse White also read
the report she wrote the night she treated CZ:
His bedroom. I was sitting on his bed. Then he took his
pants off, and he told me to take my pants off. Then he
just went for it. He stuck his penis in my vagina. He did
like 30 minutes of that and then we ended it. In that
thirty minutes, he stuck his penis in by butt. We went to
the bathroom -- he went to the bathroom, and I went to
the living room. He met me in the living room. And he
started playing his Xbox.
Detective Krinkee also testified about the forensic interview she conducted with CZ
after the assault where CZ reported Mr. Christensen “put his penis in her vagina”
and “in her butt.” During this line of questioning, defense counsel asked for a
“continuing objection” based on hearsay.
Mr. Christensen’s Testimony
[¶16] Mr. Christensen testified in his own defense and denied engaging in sexual
intercourse with CZ. He testified that he never told CZ to get on his bed or to put
her legs on his shoulders. He also testified that based on his size and the elevation
of the bed in his bedroom, it was not physically possible to have intercourse in the
way CZ described it happening. During redirect, defense counsel asked the court to
reconsider its ruling prohibiting further questioning about the “prank” text, but the
court twice declined to reconsider its ruling.
Closing Arguments
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[¶17] During closing, the State argued it proved Mr. Christensen engaged in
vaginal and anal intercourse because CZ testified it happened, Mr. Christensen tried
to destroy evidence (factory reset his phone), and male DNA consistent with Mr.
Christensen’s was found in CZ’s vagina. Mr. Christensen argued that he should be
acquitted because the case was “literally a he said/she said situation.” Regarding
CZ’s testimony, Mr. Christensen argued CZ’s testimony about the intercourse was
“fanciful,” “incredible” and “fantastical.” Mr. Christensen also argued this was
“something [CZ] really wanted to have happen. She wanted this to occur. [It]
[d]idn’t occur.”
Verdict and Sentence
[¶18] The jury found Mr. Christensen guilty of second-degree sexual abuse of a
minor by having vaginal intercourse with CZ as charged in Count I and acquitted
him of Count II. The court sentenced Mr. Christensen to five to eight years in
prison, and this appeal followed.
DISCUSSION
I. The district court did not abuse its discretion when it admitted
CZ’s prior consistent statements into evidence.
[¶19] Mr. Christensen argues the district court erred in admitting CZ’s prior
consistent statements to her mother, Nurse White, and Detective Krinkee, because
the record contains no impeaching attack against the victim during her examination.
Mr. Christensen further contends nothing in the record warranted admission of the
statements to rehabilitate CZ from such an attack. We disagree.
[¶20] This Court reviews a trial court’s ruling on a hearsay objection for an abuse
of discretion. Thompson v. State, 2021 WY 84, ¶ 15, 491 P.3d 1033, 1039 (Wyo.
2021). Similarly, we review the admission of a prior consistent statement for an
abuse of discretion. Hilyard v. State, 2023 WY 13, ¶ 17, 523 P.3d 936, 940 (Wyo.
2023). “A district court ‘abuses its discretion when it could not have reasonably
concluded as it did.’” Thompson, ¶ 15, 491 P.3d at 1039 (quoting Majors v. State,
2011 WY 63, ¶ 11, 252 P.3d 435, 439 (Wyo. 2011)). If we determine the evidence
was admitted in error, we must then consider whether the error was prejudicial. Id.
(quoting Mitchell v. State, 2020 WY 142, ¶ 17, 476 P.3d 224, 231 (Wyo. 2020)).
An error is prejudicial if there is a reasonable possibility that the verdict might have
been more favorable to the defendant had the error not occurred. Id., ¶ 28, 491 P.3d
at 1042.
[¶21] Hearsay “is a statement, other than one made by the declarant while testifying
at the trial or hearing, offered in evidence to prove the truth of the matter asserted.”
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W.R.E. 801(c). Generally, hearsay is inadmissible, subject to certain exceptions.
W.R.E. 802. However, under WRE 801(d)(1)(B):
(d) Statements which are not hearsay. – A statement is
not hearsay if:
(1) Prior Statement by Witness. – The declarant
testifies at the trial or hearing and is subject to cross-
examination concerning the statement, and the
statement is … B) consistent with his testimony and is
offered to rebut an express or implied charge against
him of recent fabrication or improper influence or
motive[.]
[¶22] Our caselaw establishes four requirements for admission under 801(d)(1)(B):
1) the declarant testifies at the trial or hearing; 2) the declarant is subject to cross-
examination concerning the statement; 3) the statement is consistent with the
declarant’s trial testimony; and 4) the statement is offered to rebut an express or
implied charge against the declarant of recent fabrication or improper influence or
motive. W.R.E. 801(d)(1)(B); see Lajeunesse v. State, 2020 WY 29, ¶ 19, 458 P.3d
1213, 1220 (Wyo. 2020) (quoting Jones v. State, 2019 WY 45, ¶ 15, 439 P.3d 753,
757-58 (Wyo. 2019)).
[¶23] The fourth requirement is the most commonly disputed, and it is the only
requirement at issue here. In applying this requirement, this Court considers “when
the alleged fabrication, improper influence, or motive arose.” Jones, ¶ 16, 439 P.3d
at 758. This Court has previously rejected the argument that an impeaching attack
must take the form of an explicit allegation made during the cross-examination of
the witness. Lajeunesse, ¶ 24, 458 P.3d at 1221. In fact, we have repeatedly
recognized that such a charge may arise by implication from the defense’s overall
theory. Id. The charge of fabrication or improper motive “need not come only as a
specific allegation during cross-examination; ... it may be made by implication or
innuendo, and it may be found in the ‘thrust’ of the defenses and testimony
presented.” Id. (quoting Lancaster v. State, 2002 WY 45, ¶ 18, 43 P.3d 80, 89 (Wyo.
2026)); see also Thompson v. State, 2021 WY 84, ¶ 19, 491 P.3d 1033, 1040 (Wyo.
2021); Hilyard, ¶ 32, 523 P.3d at 943.
[¶24] In Lajeunesse, we concluded the fourth requirement was satisfied even
though defense counsel did not directly assert the victim was fabricating her
allegations. Instead, by contrasting the victim’s narrative with conflicting
circumstances, the defense effectively invited the jury to consider that the victim
had fabricated her story. Lajeunesse, ¶ 26, 458 P.3d at 1221. Similarly, in Schmidt
v. State, 2001 WY 73, ¶ 21, 29 P.3d 76, 82 (Wyo. 2001), this Court found it
“unmistakable” that defense counsel’s opening statement signaled an implied
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charge of fabrication when counsel told the jury, “at no time during this occasion is
there an opportunity … for the things that are alleged to have occurred to have
occurred.”
[¶25] We recognize the distinction between a general denial of a victim’s account
and conduct that expressly or impliedly charges the witness with fabrication. A
general attack on a witness’s credibility, without an allegation of recent fabrication,
improper influence or improper motive, does not satisfy the fourth requirement.
Jones, ¶ 24, 439 P.3d at 761. Furthermore, these statements cannot be admitted
simply to anticipate an attack on credibility before the jury has heard it. Id. The
impeaching attack must occur in the presence of the jury — whether through
opening statements, cross-examination, or the overall thrust of the defense theory
— before the prior consistent statements can be introduced. Id., ¶¶ 23-24, 439 P.3d
at 760-61.
[¶26] Here, the defense’s theory, previewed in its opening statement, went beyond
a general denial or assertion of a faulty memory. Defense counsel actively
contrasted the State’s account of the assault with the presence and proximity of other
people in the house, telling the jury, “[I]f what the State is saying is true, less than
8 feet separate the people doing the nails and what they claim is happening on the
bed. That is something you’ll have to consider.” Counsel further stated that while
CZ would testify to what she claimed happened, Mr. Christensen would testify that
he merely “went into the bedroom because that’s where his bathroom is. He went
in and used the bathroom.”
[¶27] Later, on cross-examination, defense counsel implicitly challenged CZ’s
truthfulness by framing questions with phrases like “you claim” and “you say.”
Finally in closing arguments, defense counsel made explicit what had been implied
throughout trial. Taken together, the thrust of the defense was not that Mr.
Christensen lacked intent or that CZ was merely mistaken. The defense’s position
was that the assault absolutely did not occur, implicitly charging that CZ fabricated
her account. This was sufficient to satisfy the fourth requirement and permit the
State to introduce CZ’s prior consistent statements to her mother, Nurse White, and
Detective Krinkee.
[¶28] Mr. Christensen also argues the rule requires an express claim of recent
fabrication, rather than just fabrication. This argument misconstrues Wyoming law
related to the timing of a prior consistent statement. While the United States
Supreme Court requires that a prior consistent statement be made before the
fabrication or improper influence or motive arose to be admissible as substantive
evidence, Tome v. United States, 513 U.S. 150, 156, 115 S.Ct. 696 (1995),
Wyoming’s rule is broader. In Wyoming, if a prior consistent statement is made
after the improper fabrication, influence, or motive arose, the statement is still
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admissible, but only for rehabilitative purposes rather than as substantive evidence.
Jones, ¶ 17, 439 P.3d at 758. In addition, the district court is required to give a
limiting instruction if so requested. Id.
[¶29] Here, Mr. Christensen’s claim of fabrication came at trial; he does not
identify any prior, improper influence or motive to fabricate. Rather, it appears that
Mr. Christensen’s argument is that CZ fabricated the incident from the start.
However, even assuming CZ’s prior statements came after fabrication or an
improper motive or influence arose, the statements would have still been admissible
for purposes of rehabilitation, although Mr. Christensen would have been entitled
to a limiting instruction, if he had requested one.
[¶30] Relatedly, Mr. Christensen argues that by admitting CZ’s prior consistent
statements to her mother, Detective Krinkee, and Nurse White, the district court
permitted the State to improperly bolster CZ’s testimony. However, the number of
times a victim’s out of court statements are repeated at trial is not dispositive of
whether they were improperly admitted. Hicks, ¶ 21, 478 P.3d at 659. Instead, we
examine the purpose for which the evidence was gathered and offered. Id.
[¶31] In Tombroek, the district court allowed the admission of a victim’s statement
to her mother, a doctor, and an investigator during a forensic interview. Tombroek
v. State, 2009 WY 126, ¶ 4, 217 P.3d 806, 808 (Wyo. 2009). We held the statements
were properly admitted because the victim made them “in a manner that would be
expected … in the early stages of a typical sexual assault investigation, rather than
a manner resembling trial preparation tactics[.]” Id., ¶ 14, 217 P.3d at 812. The
same is true here. CZ first disclosed the assault to her mother shortly after it
occurred. Her mother took her directly to the hospital, where CZ reported the event
to the nurse. Detective Krinkee later interviewed CZ as part of the routine
investigation. These statements were made in the ordinary course of seeking
medical help and reporting a crime — not in preparation for trial or at the State’s
direction to establish corroborating evidence. Nothing about these circumstances
suggest that the State procured CZ’s statements for the purpose of using them later
at trial as prior consistent statements.
[¶32] The district court could have reasonably concluded as it did regarding
admission of CZ’s prior consistent statements. Accordingly, the district court did
not abuse its discretion when it admitted CZ’s prior consistent statements under
Rule 801(d)(1)(B).
II. The district court did not abuse its discretion when it
excluded CZ’s pregnancy text message to Mr. Christensen
from evidence.
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[¶33] Mr. Christensen next argues the district court improperly excluded evidence
under Wyo. Stat. Ann. § 6-2-312 (2026), the rape shield statute. Specifically, Mr.
Christensen sought to introduce a text message from CZ of a picture depicting a
positive pregnancy test, sent months before the assault. The picture was not taken
by CZ, nor was it CZ’s pregnancy test. During voir dire outside the presence of the
jury, Kasandra Christensen’s testimony was that CZ sent the message to Mr.
Christensen as a “prank.” Mr. Christensen sought to admit the evidence to put into
context Mr. Christensen’s responses to Detective Krinkee’s text messages sent
while pretending to be CZ. Mr. Christensen argues the district court improperly
applied the rape shield statute to the evidence, and he suffered prejudice as a result.
[¶34] We review a district court’s evidentiary ruling for an abuse of discretion.
Testerman v. State, 2025 WY 58, ¶ 27, 568 P.3d 1206, 1215 (Wyo. 2025). Further,
this Court may affirm an evidentiary ruling on any legal ground supported by the
record, even if it differs from the ground relied upon by the trial court. Blair v.
State, 2022 WY 121, ¶ 22, 517 P.3d 597, 602 (Wyo. 2022).
[¶35] The district court excluded the text message pursuant to § 6-2-312, the rape
shield statute, and Sparks, concluding it constituted evidence offered to prove the
victim’s sexual behavior or predisposition. Mr. Christensen argues the text
message, which depicted a purported pregnancy test, does not constitute actual
“sexual conduct” under § 6-2-312 and therefore fell outside the scope of the rape
shield statute.
[¶36] We need not decide whether the text message of a picture of a fictional
pregnancy test falls within the protective scope of § 6-2-312. Even assuming
arguendo that the rape shield statute did not bar the evidence, the text message was
properly excluded because it had no probative value and was therefore not relevant.
See Martinez v. State, 2018 WY 147, ¶ 35, 432 P.3d 493, 501 (Wyo. 2018)
(“Although the district court originally ruled the evidence was inadmissible under
Wyoming’s rape shield statute, we need not reach that issue because the proffered
evidence is otherwise inadmissible due to [the witness’s] demonstrated lack of
clarity and personal knowledge, and the negligible probative value of a single,
unsubstantiated physical abuse accusation.”).
[¶37] Under W.R.E. 401, evidence is relevant if it has “any tendency to make the
existence of any fact that is of consequence to the determination of the action more
probable or less probable than it would be without the evidence.” Meyer v. State,
2026 WY 29, ¶ 15, 585 P.3d 177, 181 (Wyo. 2026).
[¶38] Mr. Christensen contends the text message was relevant because it provided
context for his responsive calls to CZ on February 21, 2025. We disagree. Nothing
about the message or picture made any fact of consequence to the charged offense
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more or less probable. Meyer, ¶ 17, 585 P.3d at 181. The testimony was that the
message was a prank sent months prior to the sexual assault. It had no connection
to the events that took place on February 16, 2025. At most, admitting the message
would have invited the jury to entertain judgments about CZ’s character from an
unrelated incident.
[¶39] Even assuming the prank had some minimal probative value, relevant
evidence “may be excluded if its probative value is substantially outweighed by the
danger of unfair prejudice, confusion of the issues, or misleading the jury, or by
considerations of undue delay, waste of time, or needless presentation of cumulative
evidence.” Walker v. State, 2026 WY 94, ¶ 35, 596 P.3d 249, 260 (Wyo. 2026).
Introducing an unrelated text message concerning a pregnancy test would have
confused the issues and perhaps misled the jury into considering a collateral issue
with little to no bearing on the allegations before it.
[¶40] Although the district court excluded evidence of CZ’s text message based
upon Wyoming’s rape shield statute, it would have been proper to exclude it due to
its lack of relevance. Accordingly, the district court did not abuse its discretion.
CONCLUSION
[¶41] The district court did not abuse its discretion when it admitted into evidence
prior consistent statements made by CZ. The district court did not abuse its
discretion when it excluded CZ’s text message to Mr. Christensen from evidence.
[¶42] Affirmed.
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