State v. Sanchez-Jacobo
250 Or. App. 621
Or. Ct. App.2012Background
- Defendant was convicted by jury of aggravated murder, murder, coercion, and unlawful use of a weapon; life without parole for aggravated murder, with other sentences running consecutively or concurrently.
- Christina Sanchez testified at trial under a plea agreement that included a provision to tell the truth.
- Christina’s testimony described a sentence with a “contract to go to court and tell the truth.”
- Defense objected to Christina’s testimony as bolstering/vouching; trial court overruled.
- Prosecutor closed with a comment that the presumption of innocence would evaporate; no objection was raised.
- Court held admissibility of Christina’s testimony proper and the closing misstatement was not plain error warranting relief; decision affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of plea-formed ‘tell the truth’ clause | State relies on Eby/Charboneau lines; plea terms may bolster admissibility | Christina’s plea contract implied credibility; improper bolstering | Admissible; not improper bolstering under Charboneau/related lines |
| Prosecutor’s closing misstatement on presumption of innocence | Worth/precedent allows some latitude in closing statements | Misstatement warrants mistrial/curative instruction | Brief misstatement; not plain error; no sua sponte mistrial or curative instruction required; affirmed |
Key Cases Cited
- State v. Eby, 296 Or 63 (Or. 1983) (plea-immunity testimony not admissible as credibility evidence)
- State v. Charboneau, 323 Or 38 (Or. 1996) (plea-accord portions declaring witness credibility inadmissible; some rehabilitative use allowed)
- State v. Snider, 296 Or 168 (Or. 1983) (polygraph references; avoid giving witness credibility by promise of immunity)
- State v. Keller, 315 Or 273 (Or. 1993) (witness may not testify to another’s credibility; corroboration permitted, direct opinion not allowed)
- State v. Middleton, 294 Or 427 (Or. 1983) (limitations on witness credibility testimony)
- State v. Parker, 235 Or 366 (Or. 1963) (attorney may not state personal credibility opinions of witnesses)
- Worth, 231 Or App 69 (Or. App. 2009) (prosecutor’s misstatements of law; preserve error; cure disposition discretion given)
- State v. Elliott, 234 Or 522 (Or. 1963) (presumption of innocence persists through deliberations)
- Ailes v. Portland Meadows, Inc., 312 Or 376 (Or. 1991) (considerations for correcting nonpreserved legal error)