. See State v. Brockway, 330 Or.App. 640, 644-47, 544 P.3d 433 (2024) (determining that the trial court abused its discretion in denying the defendant a continuance when the prosecutor informed the defendant, on the morning of trial, that the district attorney's office had a pre-charge referral for the claiming witness, reasoning that the trial court did not have discretion "to deny a criminal defendant any opportunity whatsoever to investigate information provided by the state immediately before trial that could plausibly lead to evidence materially beneficial to the defense" (emphasis in original)). Accordingly, I would reverse and remand this case.
We review the denial of a motion for a setover for abuse of discretion. State v. Brockway, 330 Or.App. 640, 644, 544 P.3d 433 (2024). The trial court did not abuse its discretion if its decision was "within the range of legally correct choices and produce[d] a permissible, legally correct outcome."