State v. Anderson

I write this note of apology to the majority, because I cannot agree, and to the trial court, because I believe it did not err. In my opinion, the record suffices to show that the trial court did exercise its discretion to determine that the probative value of the video outweighed its prejudice. And, I believe that the majority opinion cannot be reconciled with our recent decisions about what record we demand of our trial courts.

The majority declares that “the record does not reflect that the [trial] court exercised the discretion that it *34is afforded under OEC 403” and that “the record does…