- Court: Oregon Court of Appeals
- Area(s) of Law: Evidence
- Date Filed: 05-21-2014
- Case #: A149668
- Judge(s)/Court Below: Garret, J. for the Court; Ortega, P.J.; and DeVore, J.
- Full Text Opinion
Defendant appealed his multiple convictions of sodomy, sexual abuse, and rape. A tape with the victim’s was created with questionable inquiries, irrelevant evidence, and hearsay commentary. The State did not introduce the video into evidence for their case-in-chief. However, when Defendant began to question the investigation process, the door was open for the State to introduce the video on other grounds. Defendant objected on grounds that the evidence would unfairly prejudice the jury. In closing arguments, the State alluded to the evidence of the video to demonstrate the monstrosity of the crime even though the video was admitted to show the State’s thoroughness of the crime. Defendant also objected to the testimony of the DHS employee, arguing that the testimony was misrepresented as expert testimony. After being convicted, Defendant was sentenced to 569 months in prison, with the court’s conclusion that the criminal episodes were separate. Defendant objected stating that the court was to use the “Shift-to-I” rule and could not impose consecutive sentences.On appeal, the Court held that while some of the videos materials should have been redacted, that the error was harmless. With proper instruction and deference given to the jury, the Court held that neither the admission, nor the closing arguments constituted a misstep on the trial court’s part. Similarly, the DHS employee’s testimony was admissible evidence because the answers were within the scope of her training. As to the “Shift-to-I” rule, the trial court erred in failing to employ it, but the failure to do so did not amount to any error in the outcome. Judgment and sentence affirmed.