State v. Zamudio

Defendant appeals his convictions after a jury trial for rape in the first degree (ORS 163.375), sodomy in the first degree (ORS 163.405) and sexual abuse in the first degree (ORS 163.425). He contends that the admission in evidence of prior criminal acts was prejudicial error. The evidence objected to was that defendant had beaten his wife about one month before the alleged sexual assault of the victim in the present action. We agree and reverse.

The evidence revealed the following scenario. The victim’s marriage had recently been dissolved. She testified that her husband had beaten her and…