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STATE v. NELSON

05122607; A134393.

197 P.3d 1130 (2008)

224 Or. App. 193

STATE of Oregon, Plaintiff-Respondent, v. Randolph Del Calhoun NELSON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 3, 2008.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Ernest G. Lannet, Senior Deputy Public Defender, Legal Services Division, Office of Public Defense Services, filed the briefs for appellant.

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

Before BREWER, Chief Judge, and LANDAU, Judge, and SCHUMAN, Judge.

BREWER, C.J.

This case presents the question of whether the testimonial statement of a declarant, admitted for the purpose of impeaching the declarant after he or she has refused to testify, is barred by the rule in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004). We hold that it is not. In a supplemental assignment of error, defendant argues that his consecutive sentences on three counts of identity...

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