State v. Altabef

Defendant appeals a judgment of conviction for first-degree sodomy, ORS 163.405, and first-degree sexual abuse, ORS 163.427. He makes eight assignments of error on appeal. We write to address defendant’s seventh assignment and reject the remaining assignments without discussion. In the seventh assignment, defendant argues that, after his objection to evidence of “prior bad acts,” the trial court failed to conduct balancing of probative value and prejudice under OEC 403. In light of the Supreme Court’s recent decision in State v. Williams, 357 Or 1, 346 P3d 455 (2015), we reverse and remand.

Def…