State v. Tinoco-Camarena

Under OEC 404(3), “evidence of other crimes wrongs or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith,” but allows such evidence for reasons such as proof of intent.

Defendant appealed convictions of one count each of aggravated murder and unlawful use of a weapon, he was tried as an adult under Measure 11, and sentenced to life without the possibility of parole. Defendant challenged the admission of evidence describing his rape of another victim. The State argued the evidence showed defendant’s intent when he attacked the victim. Under OEC 404(3), “evidence of other crimes wrongs or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith,” but allows such evidence for reasons such as proof of intent. Defendant confessed to wanting to rape the victim, but one continuous motive cannot be assumed from two separate acts without additional objective evidence. The Court determined that the inference that would have linked the evidence from Defendant’s previous rape to his murder depended on impermissible character-based reasoning. REVERSED AND REMANDED.