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State v. Jones

Summarized by: 

Date Filed: 03-27-2013
Case #: A147758
Ortega, P.J. for the court; Sercombe, J.; and De Muniz, S.J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A147758.pdf

Evidence: Harmless error results when evidence of prior bad acts is admitted but specifically not used in forming the basis of the verdict.

Defendant was convicted of two counts of first-degree sodomy and one count of first-degree sexual abuse. He appealed, arguing that the trial court erred in admitting evidence of prior bad acts, specifically, evidence that defendant had previously sexually abused three other children and engaged them in sexual activities involving urine. The state argued that admission of the evidence was harmless. The Court of Appeals agreed with the state, and held that admission of the evidence was harmless because the trial court expressly stated that the evidence at issue did not significantly effect the outcome, the trial court instead relied on the victim's testimony in reaching its verdict, and the record showed no signs that the trial court had inaccurately described of the basis for its verdict. Affirmed.