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STATE v. CLARK

200402424; A127798.

175 P.3d 1006 (2008)

217 Or. App. 475

STATE of Oregon, Plaintiff-Respondent, v. Mark Stewart CLARK, Jr., aka Mark S. Clark, aka Mark Stuart Clark, Defendant-Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted November 6, 2007.

Decided January 23, 2008.

Attorney(s) appearing for the Case

James N. Varner, Dundee, argued the cause and filed the brief for appellant.

Rolf C. Moan, 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 BREWER, chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, ROSENBLUM, and SERCOMBE, Judges.

Resubmitted En Banc November 6, 2007.

SCHUMAN, J.

Defendant appeals a judgment of conviction for murder. ORS 163.115. On appeal, he argues that the trial court erred in admitting a statement made by the victim to one of her friends while defendant was present. We agree with defendant that the trial court erred in admitting the victim's statement as an adopted admission under OEC 801(4)(b)(B). We therefore reverse and remand.

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