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STATE v. COOPER

91-2249-C; CA A72530.

852 P.2d 948 (1993)

120 Or. App. 490

STATE of Oregon, Respondent, v. Mark K. COOPER, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted March 10, 1993.

Decided May 19, 1993.

Attorney(s) appearing for the Case

James N. Varner, Deputy Public Defender, Salem, argued the cause, for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause, for respondent. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Resubmitted In Banc March 10, 1993.

LEESON, Judge.

A jury convicted defendant of assault in the fourth degree and criminal mischief in the second degree. ORS 163.160; 164.354. The issue is whether the state can prevent the court from excluding a witness, who is a city police officer, by designating the officer as the state's representative under OEC 615(2). We reverse and remand.

This is a simple assault and criminal mischief case. The pivotal issue...

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