State v. Jasso, 248 Or. App. 347

Jasso was convicted after a jury trial of two counts of robbery in the second degree and one count of burglary in the first degree.
At trial, the state sought to admit a drawing found in Jasso's backpack depicting a masked man with a gun, to show involvement beyond mere presence.
Defendant objected under OEC 403, arguing the drawing was more prejudicial than probative.
The trial court admitted the drawing, ruling it was relevant and admissible under OEC 404(4) as other crimes, wrongs, or acts, and did not engage in 403 balancing.
The backpack also contained defendant's belongings, including a school paper bearing the drawing.
On appeal, Jasso argued the court should have balanced probative value against unfair prejudice; the court held the constitutional argument was not preserved and affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court was required to balance under OEC 403 for the drawing	Jasso: must balance under 403 due to unfair prejudice	Jasso: 403 balancing required by due process	Not preserved; no 403 balancing required absent due process

State v. Wyant, 217 Or.App. 199 (Or.App. 2007) (OEC 404(4) balancing only when due process requires)
State v. Moore/Coen, 349 Or. 371 (Or. 2010) (OEC 404(4) constitutional; not unconstitutional)
State v. Wyatt, 331 Or. 335 (Or. 2000) (preservation requirement for objections)
State v. Sewell, 222 Or.App. 423 (Or.App. 2008) (reviewing legal error for admissibility of relevant evidence)
State v. Mayfield, 302 Or. 631 (Or. 1987) (relevance and admissibility standards for evidence)