concurring in result
I concur in the result the majority reaches on the admissibility and relevance of 404(b) evidence. However, I cannot agree with the majority’s view that because Dixon demonstrated a particularized contrary intent, the evidence of his uncharged criminal acts were thus admissible as an exception under the first prong of Ind. Evidence Rule 404(b). In Abdul-Musawwir v. State, 674 N.E.2d 972, 975 (Ind.Ct.App.1996), trans. denied, we declared “[t]he notice provision is a prerequisite to the admissibility of the evidence of other wrongful acts. Failure to comply with the requirements of the rule results in the evidence being inadmissible.” Id. at 975 (citing United States v. Barnes, 49 F.3d 1144, 1147 (6th Cir.1995)) (noting a commentary which suggested “because the notice requirement serves as a condition precedent to admissibility of 404(b) evidence, the offered evi*1094dence is inadmissible if the court decides that the notice requirement has not been met.”). Thus, as Abdul-Musawwir and Barnes make clear, only after the issue of notice is resolved do we ever reach the question of whether the evidence is admissible. In essence, evidence of prior bad acts may be admissible for a number of reasons, including to prove intent. However, we cannot reach the question of admissibility unless and until we resolve whether the defendant was given notice in the first instance. If he was not, then the evidence of prior bad acts is simply not admissible. Essentially, the intent exception is not triggered. The majority’s position to the contrary is inconsistent with controlling authority. Nonetheless, because in this case the State satisfied the notice requirement, the evidence of Dixon’s prior criminal acts was thus admissible. Therefore I concur in result on this issue. On all other issues I fully concur.