State v. Roelle

Defendant appeals a judgment of conviction for strangulation, ORS 163.187, based on conduct involving his ex-girlfriend. On appeal, defendant assigns error to the trial court’s ruling admitting evidence of his prior criminal conviction for assault against another former girlfriend, AM. We conclude that the admission of the prior bad acts evidence under OEC 404(3) is error apparent on the face of the record, State v. Jones, 258 Or App 1, 6, 308 P3d 347 (2013), and exercise our discretion to review and remedy that error. Therefore, we reverse and remand.

Defendant was charged with two counts of…