State v. Lopez

Defendant appeals a judgment of conviction for three counts of first-degree sexual abuse, ORS 163.427, contending, in part, that the trial court erroneously permitted the state to impeach him with a prior felony conviction beyond the 15-year period prescribed in OEC dOiXSXa). On appeal, the resolution of that matter turns on the answer to a single, dispositive question: Is the application of the 15-year period determined by reference to (a) the time that the testimony sought to be impeached is given at trial or (b) some earlier event, e.g., the initiation of the criminal or civil proceeding…