- Court: Oregon Court of Appeals
- Area(s) of Law: Evidence
- Date Filed: 11-16-2016
- Case #: A156021
- Judge(s)/Court Below: Tookey, J. for the Court; Sercombe, P.J.; & Garrett, J.
- Full Text Opinion
Defendant appealed a judgment of conviction for unlawful use of a weapon, ORS 166.22(1)(a), fourth-degree assault constituting domestic violence, ORS 163.160(3), harassment, ORS 166.065, coercion, ORS 163.275, and two counts of menacing constituting domestic violence, ORS 163.190. On appeal, Defendant assigned error to the trial court’s admitting evidence of a previous uncharged act against the complainant. Under OEC 404(3), if a trial court determines that prior bad acts evidence is relevant to a nonpropensity purpose, “the court, on proper motion, must weigh the probative value of the evidence against its potential to unduly prejudice the defendant, per OEC 403, before admitting the evidence.” In this case, Defendant requested the trial court engage in 403 balancing in determining whether to admit evidence of the uncharged incident. The record did not reflect that the trial court conducted that OEC balancing prior to admitting the nonpropensity evidence. Therefore, the trial court erred by admitting the evidence. Reversed and remanded.