STATE v. BARBERO

A164307.

442 P.3d 224 (2019)

297 Or.App. 372

STATE of Oregon, Plaintiff-Respondent, v. David Joel BARBERO, Defendant-Appellant.

Court of Appeals of Oregon.

May 1, 2019.


Attorney(s) appearing for the Case

Sarah De La Cruz , Deputy Public Defender, argued the cause for appellant. Also on the brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Timothy A. Sylwester , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Lagesen, Presiding Judge, and DeVore, Judge, and James, Judge.


The common law concept of corpus delicti for the corroboration of confessions is codified at ORS 136.425(2). To assist courts in implementing that statute, the Uniform Criminal Jury Instructions committee of the Oregon State Bar created Uniform Criminal Jury Instruction (UCrJI) 1050, which reads as follows:

"A confession...

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