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STATE v. PAINTER

No. 101001; A146873.

300 P.3d 179 (2013)

255 Or. App. 513

STATE of Oregon, Plaintiff-Respondent, v. Timothy Leon PAINTER, II, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 6, 2013.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Susan Fair Drake , Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Pamela J. Walsh , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and HASELTON, Chief Judge, and SERCOMBE, Judge.

HASELTON, C.J.

Defendant, who was convicted of assault in the second degree, ORS 163.175,1 appeals, assigning error to the trial court's admission of statements that he made in recorded telephone conversations from jail after his arrest.2 Defendant contends that the content of those statements was inadmissible in that it did not pertain to any "noncharacter" purpose. See OEC 404(3). We agree and, further...

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