State v. Gray, C-22302
Decision Date | 20 June 1990 |
Docket Number | C-22302 |
Citation | 101 Or.App. 421,790 P.2d 1203 |
Parties | STATE of Oregon, Respondent, v. Scott Christian GRAY, Appellant. 88; CA A60212. |
Court | Oregon Court of Appeals |
Kevin T. Lafky, Salem, argued the cause and filed the brief for appellant.
Keith W. Wingfield, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia Linder, Solicitor General, Salem.
Before JOSEPH, C.J., and RIGGS and EDMONDS, JJ.
Defendant appeals his convictions for burglary and arson in the first degree. ORS 164.225; ORS 164.325. He argues that the trial court erred in finding that there was not a pretrial discovery violation and refusing to exclude evidence or postpone defendant's trial. We affirm.
Defendant's trial on the charges of burglary and arson was set for January 19, 1989. On December 13, 1988, police showed a witness photographs that included defendant's photograph. On December 15, police prepared a report regarding her identification of defendant and submitted it to the Marion County District Attorney's office. It received the report one day after the deputy district attorney handling the case had left on vacation. The deputy did not return until January 9, 1989. He met with defense counsel and the trial judge for a pretrial conference on January 12. No mention was made of the identification or the witness. On January 17, the district attorney became aware of the report and immediately notified defense counsel.
On the morning of trial, defendant moved for exclusion of the evidence or, alternatively, for postponement of trial as a sanction for a discovery violation. The trial court ruled:
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