- Court: Oregon Court of Appeals
- Area(s) of Law: Evidence
- Date Filed: 08-20-2014
- Case #: A148112
- Judge(s)/Court Below: De Muniz, S.J, for the Court; Armstrong P.J.; and Egan J.
- Full Text Opinion
Defendant was convicted for attempting to promote prostitution. He assigned error to the admission of a conversation recorded by an undercover police officer, printouts from a website that contained photos and phone numbers, and text messages from two women. Defendant argued that the admission of that evidence violates OEC 801 and defendants right to confrontation under Article I, section 11, of the Oregon Constitution. The State argued that the text messages were not hearsay because they were offered to prove knowledge and not the truth of the matter asserted. The Court found that in order for the text messages to be relevant as circumstantial evidence the jury was required to accept the truthfulness of the content of the messages. Reversed and remanded.