State v. Garcia

The trial court has discretion to dismiss criminal charges before trial, and scientific evidence is admissible if it is relevant under OEC 401, if it would assist the trier of fact under OEC 702, and if its probative value is not substantially outweighed by the danger of unfair prejudice under OEC 403. State v. Stough, 148 Or App 353, 355 (1997); Jennings v. Baxter Healthcare Corp., 331 Or 285, 381 (2000).

Defendant was convicted of murder by abuse and first-degree criminal mistreatment after his daughter starved to death. Defendant assigns error to the trial court’s pretrial dismissal of manslaughter charges and the admittance of a pediatrician’s testimony. The trial court has discretion to dismiss criminal charges before trial, and scientific evidence is admissible if it is relevant under OEC 401, if it would assist the trier of fact under OEC 702, and if its probative value is not substantially outweighed by the danger of unfair prejudice under OEC 403. State v. Stough, 148 Or App 353, 355 (1997); Jennings v. Baxter Healthcare Corp., 331 Or 285, 381 (2000). Although the court was incorrect in saying the state was “entitled” to dismiss the charges, it did not rule on this point, and even if it had, this error would have been harmless because the jury was still instructed on manslaughter charges and including them in the indictment was unnecessary. It is not obvious and beyond dispute that the previously laid foundation was insufficient to allow the pediatrician’s testimony, meaning the trial court did not commit a plain error. Even if it had, the court still would not have reversed the ruling because nothing suggests that the state would have otherwise been unable to secure admission of the same testimony. Affirmed.