State v. Hambrick

I agree with the majority that the result in this case follows necessarily from our recent decision in State v. Garrett, 187 Or App 201, 66 P3d 554 (2003). Garrett establishes that a trial court may not compel the state to accept a defendant’s offer to stipulate that he or she has been convicted of an earlier crime when that conviction is an element of the crime for which the defendant is currently on trial. That being the case, if the state does not accept the stipulation voluntarily, the court may not exclude evidence of the fact of the prior conviction, because that evidence is necessary…