STATE v. SMITH

C001440CR; A115538.

96 P.3d 1234 (2004)

194 Or.App. 697

STATE of Oregon, Respondent, v. Leo Alva SMITH, Appellant.

Court of Appeals of Oregon.

Decided August 25, 2004.


Attorney(s) appearing for the Case

Andrew S. Chilton argued the cause for appellant. With him on the brief was Chilton & Ebbett, LLC.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.


BREWER, J.

Defendant appeals his conviction for first-degree sexual abuse. In his sole assignment of error, defendant asserts that the trial court erred in excluding on hearsay grounds defendant's proffered testimony that his father told him that a police officer had told his father that defendant's parents would lose their home if defendant contested the charges in this case. Defendant asserts that both statements included in the proffer were relevant for a nonhearsay...

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