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STATE v. CHASE

C080088CR; A140643.

248 P.3d 432 (2011)

240 Or. App. 541

STATE of Oregon, Plaintiff-Respondent, v. Lawrence David CHASE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 2, 2011.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Meredith Allen , Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Anna M. Joyce , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and LANDAU, Judge Pro Tempore.

SERCOMBE, J.

Defendant appeals his convictions after a jury trial of five counts of first-degree sexual abuse and one count of attempted sodomy in the first degree, contending that the trial court erred in admitting hearsay statements concerning the victim's statements of abuse, OEC 803(18a)(b), and a hearsay statement that the victim was fearful of intruders, which was offered to show the victim's state of mind. OEC 803(3). We conclude that the trial court erred...

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