State v. Paniagua-Montes

Defendant appeals, challenging his convictions for four counts of sexual abuse in the first degree, ORS 163.427. We reject without discussion defendant’s first and third assignments of error. We write only to address defendant’s second assignment of error, in which he argues that the trial court improperly excluded the testimony of two witnesses as alibi evidence under ORS 135.455.1 We agree with defendant that the trial court erred in excluding that evidence, but we conclude that the error was harmless. Accordingly, we affirm.

The record discloses the following facts. In 2007, 2008, and 2009,…