State v. Frye

We grant the petition for reconsideration, withdraw our former opinion and reverse and remand.

Defendant was convicted of first degree robbery. At trial he relied upon an alibi defense, the thrust of which was that he was at work at the time of the robbery. In rebuttal, the state called a witness who indicated defendant could have committed the robbery during his "lunch break.” The issue is whether the state provided the defendant with adequate discovery of its rebuttal evidence.

Over a month before trial defendant, proceeding in accordance with the provisions of ORS 135.4551 (formerly ORS…