- Court: Oregon Court of Appeals
- Area(s) of Law: Evidence
- Date Filed: 03-24-2021
- Case #: A167516
- Judge(s)/Court Below: James, J. for the Court; Ortega, P.J. & Shorr, J.
- Full Text Opinion
Defendant appealed a conviction of sodomy, sexual abuse, and incest. Defendant argued the admission of his prior criminal history was prohibited for impeachment purposes because prejudice outweighed the probative value. OEC 609, which allows the impeachment of a witness by certain criminal convictions, prohibits balancing under OEC 403. See, e.g., State v. Venegas, 124 Or App 253, 256; State v. King, 307 Or 332, 337 (2021); State v. Dick, 91 Or App 294, 298-99 (1988). The Court held that although more recent cases may support Defendant’s contentions, Defendant did not preserve the arguments on appeal. The Court reasoned that the error did not qualify as a plain error because Defendant’s argument was not obvious or beyond dispute. Affirmed.