STATE v. LOE

C020058CR; A124656.

159 P.3d 336 (2007)

212 Or. App. 701

STATE of Oregon, Plaintiff-Respondent, v. Che Allan LOE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 16, 2007.


Attorney(s) appearing for the Case

Jason E. Thompson, Salem, argued the cause for appellant. With him on the brief was Ferder Casebeer & French LLP.

Susan G. Howe, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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


PER CURIAM.

Defendant was tried by jury and convicted of first-degree manslaughter. ORS 163.118. On appeal, defendant argues that the trial court erred in admitting into evidence at trial certain statements that he had made to his father, and in imposing a departure sentence based on judicial factfinding. We reject without discussion defendant's evidentiary challenge. Although the sentencing error that defendant raises is unpreserved, we conclude that the error is...

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