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STATE v. HREN

071153442; A138713.

241 P.3d 1168 (2010)

237 Or. App. 605

STATE of Oregon, Plaintiff-Respondent, v. Sharon Dian HREN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 6, 2010.

Attorney(s) appearing for the Case

Kenneth A. Kreuscher , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Kristen G. Williams , Assistant Attorney General, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Amanda J. Austin , Assistant Attorney General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and CARSON, Senior Judge.

ARMSTRONG, J.

Defendant appeals her conviction for second-degree theft, ORS 164.045. She assigns error to the exclusion of her testimony that she had been told by a Macy's employee that she could take the item that she was charged with stealing: a bottle of perfume used by customers as a "tester" bottle. The state concedes that the trial court erred in excluding the testimony but argues that the exclusion was harmless because...

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