State v. Barnum

Defendant appeals his convictions and sentence for one count of arson in the first degree, ORS 164.325, and two counts of burglary in the first degree, ORS 164.225. The issues are whether evidence concerning defendant’s 1979 attempted murder conviction in California was properly admitted under OEC 404(3) to prove the identity of the perpetrator in this case and whether the trial court erred when it denied defendant’s motion to merge his two burglary convictions. We hold that the trial court did not err in admitting the evidence and affirm defendant’s arson conviction. However, the trial court…