State v. Mazziotti

In this case, a prosecution for failure to perforin the duties of a driver, reckless endangerment, and reckless driving, the trial court admitted other acts evidence over defendant’s objection and, the state concedes, without conducting OEC 403 balancing. We agree with the Court of Appeals that that was reversible error. State v. Mazziotti, 276 Or App 773, 360 P3d 1200 (2016). We affirm the decision of the Court of Appeals, reverse the trial court’s judgment of conviction, and remand the case to the trial court for further proceedings.

Defendant was charged with crimes arising from a 2012…