State v. Paniagua-Montes

Under ORS 135.455, if alibi evidence is offered by a witness who is not the defendant, proper notice must be provided; if proper notice is not provided, such evidence must be excluded unless there is good cause.

Defendant was convicted on four counts of first-degree sexual abuse. The State objected to the introduction of testimony as alibi evidence because defendant did not provide advanced notice to the prosecutor that he intended to rely on alibi evidence. Defense counsel responded that the testimony was not alibi evidence because it was not to prove where defendant went on a given date, but that defendant had left. The Court held alibi evidence means evidence that a defendant was at a particular place other than the place of the alleged offense at the time of the alleged offense; if it is offered by a witness who is not the defendant, proper notice must be provided, and if proper notice is not provided, such evidence must be excluded unless there is good cause. The Court agreed with defendant that the trial court erred in excluding his grandmother’s and aunt’s testimony because the evidence was not to prove that the defendant was at a particular place other than the place of the alleged offense. Nevertheless, the Court also found that the wrongful exclusion of the testimonies was harmless error. Affirmed.