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STATE v. CHAVEZ

0500422CR; A134240.

210 P.3d 259 (2009)

229 Or. App. 1

STATE of Oregon, Plaintiff-Appellant, v. Reynaldo CHAVEZ, Defendant-Respondent.

Court of Appeals of Oregon.

Decided June 10, 2009.

Attorney(s) appearing for the Case

Susan G. Howe, Senior Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Robin A. Jones, Deputy Public Defender, argued the cause for respondent. With her on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

BREWER, C.J.

The state appeals the trial court's order excluding uncharged misconduct evidence in this multiple count prosecution for, among other offenses, possession, delivery, and manufacture of a controlled substance, namely, methamphetamine. The state asserts that the trial court erred in excluding the evidence under OEC 403 on the ground that its probative value was substantially outweighed by its unfairly prejudicial effect. Because we conclude, based on OEC...

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