State v. O'BRIEN

Defendant appeals from convictions for theft of services in the first degree, ORS 164.125, and conspiracy to commit theft of services in the first degree. ORS 161.450; ORS 164.125. He argues that the trial court erred in denying his motion to suppress financial records, in its admission of evidence of prior bad acts under OEC 403 and OEC 404 and in its admission of a co-conspirator’s statements under OEC 801(4)(b)(E). He also contends that the trial court erred in failing to merge the convictions for theft of services and conspiracy to commit theft of services and in ordering defendant to pay…