State v. Towers

Defendant appeals her conviction for first-degree theft arising from a shoplifting incident in which she gave a false name to investigators. We write to address her related arguments that the trial court erred in failing to accept her proposed stipulation as to her true identity and in admitting, despite her objection under OEC 403, a photograph of defendant that was taken while she was incarcerated. Defendant asserts that the evidence was inadmissible under OEC 403 because its prejudicial effect substantially outweighed its probative value. We affirm.

According to the state’s evidence,…