State v. Bellek

Defendant was convicted of murder in a jury trial. ORS 163.115. We affirm the conviction but remand for resentencing.

Defendant shot the victim, Hicks, after a confrontation involving Hicks’ dogs. At trial, over defendant’s objection, the court admitted three laboratory reports prepared by Oregon State Police criminalists. One report related to the presence of drugs or alcohol in Hicks’ system, and two were related to ballistics tests of the murder weapon. Defendant argues that the reports were not admissible as business records, OEC 803(6), because they were reports prepared with a view to…