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STATE v. LUCUS

050140906; A128490.

160 P.3d 1012 (2007)

213 Or. App. 277

STATE of Oregon, Plaintiff-Respondent, v. Ryan LUCUS, aka Ryan Eric Lucus, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 6, 2007.

Attorney(s) appearing for the Case

Garrett A. Richardson filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Doug M. Petrina, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

PER CURIAM.

Defendant appeals his conviction, following a jury trial, for strangulation. ORS 163.187. Defendant argues that the trial court, by admitting "excited utterance" hearsay evidence against him, violated his rights under Article I, section 11, of the Oregon Constitution.1 The state concedes error and, as explained below, we accept that concession as well-founded. Accordingly, we reverse...

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