State v. Zavala

In this case, a prosecution for child sex abuse, the trial court admitted other acts evidence over defendant’s objection and without conducting OEC 403 balancing. The Court of Appeals concluded that that failure to balance was error apparent on the record under ORAP 5.45(1), in light of this court’s decision in State v. Williams, 357 Or 1, 346 P3d 455 (2015), and exercised its discretion to correct the error. State v. Zavala, 276 Or App 612, 614, 368 P3d 831 (2016). The Court of Appeals vacated defendant’s convictions and remanded to the trial court to permit that court to conduct OEC 403…