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STATE v. THOMAS

(96CR1862; CA A96288)

1 P.3d 1058 (2000)

167 Or. App. 80

STATE of Oregon, Respondent, v. Paul Eugene THOMAS, Appellant.

Court of Appeals of Oregon.

Decided May 3, 2000.

Attorney(s) appearing for the Case

Daniel Q. O'Dell, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

Anne L. Cottrell, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

ARMSTRONG, J.

Defendant appeals his convictions for two counts of theft by receiving, each count involving a separate stolen bicycle. ORS 164.095. He asserts that the trial court erred by sustaining the state's hearsay objection to evidence that the thief told defendant's mother (mother), in defendant's presence, that one of the bicycles was not stolen.1 Although we agree that the court erred, we also hold that the error was harmless....

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