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STATE v. JOHNSTONE

(C972208CR; CA A102469)

19 P.3d 966 (2001)

172 Or. App. 559

STATE of Oregon, Respondent, v. Michael Bridwell JOHNSTONE, Appellant.

Court of Appeals of Oregon.

Decided February 28, 2001.

Attorney(s) appearing for the Case

Andrew S. Chilton, Deputy Public Defender, argued the cause for appellant. With him on the brief was David Groom, Public Defender.

Ann Kelley, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

DEITS, C.J.

Defendant appeals from convictions for first-degree manslaughter, ORS 163.118, third-degree assault, ORS 163.165, and driving under the influence of intoxicants, ORS 813.010. He argues that the court erred in admitting evidence of bad acts under OEC 404(3) for the limited purpose of determining whether he had acted with the requisite "extreme indifference to the value of human life" required for the manslaughter and assault convictions. As explained below...

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