STATE v. SIMMONS

07061457; A137760.

250 P.3d 431 (2011)

241 Or. App. 439

STATE of Oregon, Plaintiff-Respondent, v. Steve Dwain SIMMONS, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 16, 2011.


Attorney(s) appearing for the Case

Erin K. Galli argued the cause for appellant. With her on the brief was Chilton & Galli, LLC.

Rene C. Holmes , Senior Assistant Attorney General, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and David B. Thompson , Senior Assistant Attorney General.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.


ARMSTRONG, J.

Defendant appeals a judgment of conviction for third-degree assault, ORS 163.165, and raises two assignments of error. He first argues that the trial court erroneously admitted hearsay statements that the assault victim, who did not testify at trial, had made to a police officer immediately after the assault, which had identified defendant as one of the assailants. Defendant asserts that the victim's statements should not have been admitted because the...

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