State v. Chavez

The state appeals the trial court’s order excluding uncharged misconduct evidence in this multiple count prosecution for, among other offenses, possession, delivery, and manufacture of a controlled substance, namely, methamphetamine. The state asserts that the trial court erred in excluding the evidence under OEC 403 on the ground that its probative value was substantially outweighed by its unfairly prejudicial effect. Because we conclude, based on OEC 404(4), 1 that the trial court erred in applying OEC 403 to exclude the evidence, we reverse and remand.

The indictment in this case alleged…