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STATE v. WOOD

10C40681; A147596.

289 P.3d 348 (2012)

253 Or. App. 97

STATE of Oregon, Plaintiff-Respondent, v. Stephen Winston WOOD, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 24, 2012.

Attorney(s) appearing for the Case

Jason E. Thompson , Salem, argued the cause for appellant. With him on the brief was Ferder Casebeer French & Thompson, LLP.

Laura S. Anderson , Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

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

ARMSTRONG, P.J.

Defendant appeals a judgment of conviction for one count of first-degree sexual abuse, ORS 163.427, assigning error to the admission of hearsay statements of the child complainant after the state failed to comply with the notice requirements of OEC 803(18a)(b) and to the imposition of a 75-month mandatory minimum sentence under Ballot Measure 11. Because we conclude that the trial court erred in admitting the hearsay statements, we do not reach defendant...

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