State v. Cooper

*492LEESON, J.

A jury convicted defendant of assault in the fourth degree and criminal mischief in the second degree. ORS 163.160; 164.354. The issue is whether the state can prevent the court from excluding a witness, who is a city police officer, by designating the officer as the state’s representative under OEC 615(2). We reverse and remand.

This is a simple assault and criminal mischief case. The pivotal issue in the trial was whether defendant or “the victim” was the aggressor. Both testified, and they gave notably different accounts of their altercation.

Davis testified that he is a process…