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STATE v. BURNS

A160727 (Control) A160728.

401 P.3d 295 (2017)

287 Or.App. 459

STATE of Oregon, Plaintiff-Respondent, v. Regenald Lee BURNS, Defendant-Appellant.

Court of Appeals of Oregon.

August 23, 2017.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Erica Herb , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Jamie K. Contreras , Assistant Attorney General, filed the brief for respondent.

Before Garrett, Presiding Judge, and Lagesen, Judge, and Edmonds, Senior Judge.

After his cases were joined for trial, defendant was convicted of first-degree burglary, second-degree criminal mischief, and witness tampering. In this consolidated appeal, he argues that the trial court erred by instructing the jury that it could consider the victim's out-of-court statements to a 9-1-1 dispatcher and police officer as substantive...

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