State v. Gonzalez-Sanchez

A trial court's consideration of evidence under 403 balancing is sufficient where the record indicates the court's "conscious process of balancing the costs of the evidence against its benefits."

Defendant appealed his conviction for one count of first-degree sodomy and two counts of first-degree sexual abuse, arguing the trial court erred in denying his pretrial motion to exclude evidence of uncharged sexual contact between himself and the victim. He argued the trial court failed to make a more detailed record of its determination of the probative value compared to the prejudicial effect of the evidence. A trial court must weigh the probative value of evidence of a defendant’s uncharged conduct against the danger of unfair prejudice under OEC 403. State v. Brumbach, 273 Or. App. 552, 563 (2015). A court’s OEC 403 balancing is sufficient where the record indicates the court’s  “conscious process of balancing the costs of the evidence against its benefits.” State v. Pinnell, 311 Or. 98, 112-13 (1991). The Court held that the record of the trial court’s OEC 403 balancing was sufficient, and that the court properly conducted such balancing. Affirmed.