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STATE v. BAUGHMAN

No. (CC 111306; SC S064086).

393 P.3d 1132 (2017)

361 Or. 386

STATE of Oregon, Petitioner on Review, v. Russell Allen BAUGHMAN, 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 briefs for petitioner on review. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Kristin A. Carveth , Deputy Public Defender, Salem, argued the cause for respondent on review. Eric Johansen , Deputy Public Defender, filed the brief. 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 we explain that, in a criminal action, when the state proffers evidence of uncharged acts, either to prove a defendant's propensity to commit charged crimes under OEC 404(4),1 or for a nonpropensity purpose under OEC 404(3),2

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