State v. Garcia

“[A] court will make a sufficient record under Mayfield if the trial court’s ruling, considered in light of the parties’ arguments, demonstrates the court balanced the appropriate considerations.” State v. Anderson, 363 Or 392, 406, 423 P3d 43 (2018).

Defendant challenged his convictions for multiple sexual offenses. Defendant assigned error to the trial court’s failure to balance the probative value of the evidence against the danger of unfair prejudice. On appeal, Defendant argued that the admission of prior uncharged acts was not only not probative to the elements of the case, but extremely prejudicial. In response, the State argued that evidence of uncharged acts of sexual abuse against the same victim was relevant to demonstrate the sexual predisposition Defendant had for the victims. “[A] court will make a sufficient record under Mayfield if the trial court’s ruling, considered in light of the parties’ arguments, demonstrates the court balanced the appropriate considerations.” State v. Anderson, 363 Or 392, 406, 423 P3d 43 (2018). The Court found that the trial court’s ruling reflected only the State’s argument concerning probative value, and never addressed the risk of unfair prejudice from the evidence. Thus, the Court held that the trial court failed to expressly or implicitly weigh the probative value of the evidence against the risk of unfair prejudice to the Defendant before admitting it. Reversed and remanded.