STATE v. TORRES

C020546CR; A118463.

136 P.3d 1132 (2006)

206 Or. App. 436

STATE of Oregon, Respondent, v. Fidel DeJesus TORRES, Appellant.

Court of Appeals of Oregon.

Decided June 14, 2006.


Attorney(s) appearing for the Case

Patrick M. Ebbett argued the cause for appellant. With him on the briefs was Chilton, Ebbett & Rohr, LLC.

Christina M. Hutchins, Assistant Attorney General, argued the cause for respondent. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.


WOLLHEIM, J.

Following a jury trial, defendant was convicted of fourth-degree assault, ORS 163.160, and menacing, ORS 163.190, both stemming from an alleged domestic violence incident involving his fiancée. On appeal, defendant assigns error to the trial court's admission of out-of-court statements from the alleged victim and her seven-year-old son. For the reasons explained below, we reverse defendant's convictions and remand for a new trial.

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