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STATE v. MAZZIOTTI

CC 201218698 CA A153713 SC S064085.

393 P.3d 235 (2017)

361 Or. 370

STATE of Oregon, Petitioner on Review, v. Brett Nicholas MAZZIOTTI, Respondent on Review.

Supreme Court of Oregon.

April 27, 2017.

Attorney(s) appearing for the Case

Doug M. Petrina , Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Kristin A. Carveth , Deputy Public Defender, Salem, argued the cause and filed the brief for respondent on review. Also on the brief was Ernest G. Lannet , Chief Defender, Office of Public Defense Services.

Before Balmer, Chief Justice, and Kistler, Walters, Landau, Brewer, and Nakamoto, Justices, and Baldwin, Senior Justice, Justice pro tempore.

In this case, a prosecution for failure to perform the duties of a driver, reckless endangerment, and reckless driving, the trial court admitted other acts evidence over defendant's objection and, the state concedes, without conducting OEC 403 balancing. We agree with the Court of Appeals that that was reversible error.

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