State v. Barnes

YRAGUEN, S. J.

Defendant appeals his convictions for burglary in the first degree, ORS 164.225, assault in the third degree, ORS 163.165, and theft in the second degree, ORS 164.045, raising four assignments of error. In his first assignment, defendant argues that the trial court erred in excluding the opinions of lay witnesses that the victim was intoxicated by, or under the influence of, methamphetamine. Because we agree that the court’s exclusion of this evidence was error, we reverse.1

We state the facts in the light most favorable to the state because defendant was convicted after a jury…