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STATE v. CLARKE

A152453.

379 P.3d 674 (2015)

279 Or. App. 373

STATE of Oregon, Plaintiff-Respondent, v. Richard Ward CLARKE, Defendant-Appellant.

Court of Appeals of Oregon.

Submitted March 30, 2015.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Meredith Allen , Deputy Public Defender, Office of Public Defense Services, filed the opening brief for appellant. On the supplemental brief were Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Meredith Allen , Deputy Public Defender.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Patrick M. Ebbett , Assistant Attorney General, filed the briefs for respondent.

Before Sercombe, Presiding Judge, and Hadlock, Chief Judge, and Tookey, Judge.

Defendant appeals a judgment of conviction for murder, ORS 163.115, for intentionally beating the victim to death with a baseball bat. Defendant contends that the trial court erroneously admitted prior act evidence that (1) defendant threatened the victim with a baseball bat between seven and 10 days before the murder and (2) that...

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