State v. Powers

In criminal actions, evidence of other crimes, wrongs or acts by the defendant is admissible if relevant except as otherwise provided by [other binding authorities]. OEC 404(4).

Defendant was convicted of sexual offenses involving his stepdaughter and advanced six assignments of error. The admission of evidence of prior sexual abuse as was primarily addressed. The State offered his earlier convictions of sexual abuse of a different stepdaughter as evidence of his sexual propensity towards children, which was admitted on two separate grounds following the application of OEC 403. Under OEC 404(3) to prove Defendant’s intent, and under OEC 404(4) to prove Defendant’s sexual interest in children. Defendant assigned error to the convictions’ admission, arguing that in light of a new Supreme Court ruling, the decision to admit the evidence under OEC 404(3) was erroneous and further tainted the trial court’s OEC 404(4) analysis. In criminal actions, evidence of other crimes, wrongs or acts by the defendant is admissible if relevant except as otherwise provided by [other binding authorities]. OEC 404(4). In assessing the State’s theory of intent, the probative value of Defendant’s similar conduct, where similar intent was required against a similar victim whose unique relationship facilitated Defendant’s access to her, was high. The trial court’s incorporation of the previous OEC 403 balancing test did not alone prove an erroneous conclusion regarding the evidence’s propensity. The Court held that the trial court acted within its discretion and denied this and Defendant's other assignments of error. Affirmed.