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STATE v. ESPINOSA

98C51963; A106660

43 P.3d 1155 (2002)

180 Or. App. 470

STATE of Oregon, Respondent, v. Timothy Elias ESPINOSA, Appellant.

Court of Appeals of Oregon.

Decided April 10, 2002.

Attorney(s) appearing for the Case

Susan F. Drake, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Public Defender.

Janet Klapstein, 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 HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

HASELTON, P.J.

Defendant appeals his convictions on two counts of aggravated murder. ORS 163.095. Defendant's assignments of error pertain to the admission into evidence of hearsay statements of the two people defendant was with immediately before and after the murders. The state concedes that certain admissions by defendant's companions should not have been admitted into evidence as statements against penal interest, OEC 804(3)(c), but argues that the admission of...

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