STATE v. DEBOLT

77012; A108939

30 P.3d 1207 (2001)

176 Or. App. 159

STATE of Oregon, Respondent, v. Timothy Mark DEBOLT, Appellant.

Court of Appeals of Oregon.

Decided August 15, 2001.


Attorney(s) appearing for the Case

Paula Johnson Lawrence argued the cause for appellant. With her on the brief was Lawrence & Houser, P.C.

Robert B. Rocklin, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and BREWER, Judge, and WARREN, Senior Judge.


BREWER, J.

In this appeal from his conviction for harassment, defendant contends that the trial court erred when it instructed the jury sua sponte that a witness's testimony was admitted into evidence only for the purpose of impeachment as a prior inconsistent statement and could not be considered as direct evidence.1 We reverse and remand for a new trial.

Defendant, an employee at the federal prison in Sheridan, was charged...

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