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STATE v. SANCHEZ

CR 90-127B; CA A70560.

838 P.2d 646 (1992)

116 Or. App. 50

STATE of Oregon, Respondent, v. Pedro SANCHEZ, Jr., Appellant.

Court of Appeals of Oregon.

Decided October 28, 1992.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, and Jesse Wm. Barton, Deputy Public Defender, Salem, filed the brief for appellant.

Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Robert M. Atkinson, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before BUTTLER, P.J., JOSEPH, C.J., and ROSSMAN, J.

PER CURIAM.

Defendant argues that the trial court erred in admitting testimony about his having refused to provide a hand-writing exemplar. He relies on State v. Green, 68 Or.App. 518, 684 P.2d 575, rev. den., 297 Or. 601, 687 P.2d 795 (1984). The state concedes that the trial court erred and that the error was not harmless.

Reversed and remanded for...

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