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STATE v. BELLEK

90051007; CA A68579.

834 P.2d 458 (1992)

114 Or. App. 17

STATE of Oregon, Respondent, v. Charles Willard BELLEK, Appellant.

Court of Appeals of Oregon.

Decided July 8, 1992.

Attorney(s) appearing for the Case

Eric R. Johansen, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Janet A. Klapstein, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.

RICHARDSON, Presiding Judge.

Defendant was convicted of murder in a jury trial. ORS 163.115. We affirm the conviction but remand for resentencing.

Defendant shot the victim, Hicks, after a confrontation involving Hicks' dogs. At trial, over defendant's objection, the court admitted three laboratory reports prepared by Oregon State Police criminalists. One report related to the presence of drugs or alcohol in Hicks' system, and two were related to ballistics...

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