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STATE v. DIBALA

(97CR1438FE; CA A101012)

984 P.2d 302 (1999)

161 Or. App. 99

STATE of Oregon, Appellant, v. Daniel Wayne DIBALA, Respondent.

Court of Appeals of Oregon.

Decided June 2, 1999.

Attorney(s) appearing for the Case

Jennifer S. Lloyd, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Michael V. Phillips, Eugene, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

BREWER, J.

The state appeals from a pretrial order excluding evidence of defendant's prior uncharged misconduct from his trial on two counts of sex abuse in the first degree. ORS 163.427. The issue on appeal is whether evidence that defendant committed acts of sexual abuse in 1986 was admissible to prove that he acted knowingly during the current incident. We review for errors of law, ORS 138.220, and affirm.

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