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STATE v. SUNDBERG

05102194; A150611.

342 P.3d 1090 (2015)

268 Or. App. 577

STATE of Oregon, Plaintiff-Appellant, v. Arick Titus SUNDBERG, Defendant-Respondent.

Court of Appeals of Oregon.

Decided January 22, 2015.

Attorney(s) appearing for the Case

David B. Thompson , Senior Assistant Attorney General, argued the cause for appellant. With him on the opening brief were Mary H. Williams , Deputy Attorney General, and Anna M. Joyce , Solicitor General. With him on the reply brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Kristin A. Carveth , Deputy Public Defender, argued the cause for respondent. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Before DUNCAN, Presiding Judge, and HASELTON, Chief Judge, and SCHUMAN, Senior Judge.

In this criminal case, the state appeals the trial court's pretrial order excluding certain testimony. See ORS 138.060(1)(c) (providing for appeals by the state of trial court pre-trial orders suppressing evidence). The court excluded the testimony on the grounds that it was irrelevant and an impermissible comment on the credibility...

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