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STATE v. RICHARDS

110933856; A151186.

328 P.3d 710 (2014)

263 Or. App. 280

STATE of Oregon, Plaintiff-Respondent, v. Larry RICHARDS, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 29, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Kristin A. Carveth , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Susan G. Howe , Senior Assistant Attorney General, filed the brief for respondent.

Before SERCOMBE, Presiding Judge, and HADLOCK, Judge, and TOOKEY, Judge.

TOOKEY, J.

Defendant appeals a judgment of conviction, entered after a bench trial, for attempted murder, ORS 163.115; ORS 161.405, assault in the second degree, ORS 163.175, two counts of unlawful use of a weapon, ORS 166.220, and two counts of menacing, ORS 163.190. He assigns error to the trial court's exclusion of a witness statement as hearsay, arguing that the statement falls within the "excited utterance" exception to the hearsay exclusionary rule. See<...

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