State v. Divito

The state appeals a pretrial order holding that it committed a discovery violation under ORS 135.815 in defendant’s prosecution for driving under the influence of intoxicants. The state assigns error to the trial court’s rejection of documents offered as an exhibit at a hearing relating to the asserted violation, its finding of a discovery violation, and its exclusion of a witness as a sanction. We reverse and remand.

This is the state’s second appeal of the trial court’s determination that a discovery violation had occurred and its imposition of witness exclusion as a sanction. In the first…