State v. Phelps

Defendant was convicted by a jury for the crime of unauthorized use of a motor vehicle. ORS 164.125. On appeal, he assigns error to the admission of “other crimes” evidence relating to the theft of a second vehicle and to the trial court’s refusal to give a requested instruction to limit the jury’s use of that evidence. We reverse and remand.

Defendant and Gambetti were in a 1962 pickup truck bearing expired license plates when they were stopped by Officer Tanquary on July 2, 1983. Gambetti, who was the driver, initially told Tanquary that they were taking the pickup for a test drive, and…