State v. Minnieweather

Defendant appeals from his conviction, after a jury trial, of burglary in the first degree. ORS 164.225. He assigns as error the trial court’s ruling that OEC 403 1 does not apply to evidence of prior convictions that is admissible under OEC 609. 2 We affirm. 3

In response to defendant’s pretrial motion to exclude evidence, the trial court held that defendant’s prior burglary convictions could be used to impeach his credibility if he were to testify. The court also held that OEC 403, which provides for balancing the probative value of evidence against its prejudicial effect, does not apply to…