State v. Dillard

Defendant appeals from a conviction for robbery in the second degree. ORS 164.405. He first assigns as error the trial court’s suppression of a photograph because of an alleged discovery violation. We reverse.

On the first day of defendant’s trial, the victim testified that the robber’s only facial hair had been a mustache. On the morning of the second day of trial, defense counsel notified the state and the court that he wanted to introduce a photograph into evidence that purported to show that defendant had worn a beard at about the time of the robbery. The defense had not been aware of the…