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STATE v. HERNANDEZ-FABIAN

C100923CR, A146372.

330 P.3d 675 (2014)

264 Or. App. 26

STATE of Oregon, Plaintiff-Respondent, v. Roberto HERNANDEZ-FABIAN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 2, 2014.

Attorney(s) appearing for the Case

Meredith Allen , Senior Deputy Public Defender, argued the cause for appellant. On the opening brief were Peter Gartlan , Chief Defender, and Ryan T. O'Connor , Senior Deputy Public Defender, Office of Public Defense Services. With her on the reply brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

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

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

ARMSTRONG, P.J.

Defendant appeals a judgment of conviction for two counts of first-degree sexual abuse, ORS 163.427. He assigns error to the trial court's admission under OEC 803(18a)(b) of hearsay statements about the abuse, arguing that the state failed to provide adequate notice of its intention to offer the statements at trial. For the reasons that follow, we reverse defendant's convictions and remand for a new trial.

Because the jury convicted defendant...

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