State v. Acree

Defendant appeals her conviction after a jury trial for possession of a Schedule II controlled substance. In a single assignment of error, she asserts that the trial court erred in denying her motion for a new trial based on newly discovered evidence. ORCP 64 B(4); ORS 136.535. Assuming that the trial court made no predicate legal error, we review the court’s decision for an abuse of discretion. Oberg v. Honda Motor Co., 316 Or 263, 272, 851 P2d 1084 (1993), rev’d on other grounds, 512 US 415, 114 S Ct 2331, 129 L Ed 2d 336 (1994). We reverse and remand.

Defendant was charged with a single…