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STATE v. RAINEY

A162776.

431 P.3d 98 (2018)

294 Or.App. 284

STATE of Oregon, Plaintiff-Respondent, v. Elizabeth Ryan RAINEY, Defendant-Appellant.

Court of Appeals of Oregon.

October 3, 2018.

Attorney(s) appearing for the Case

Sarah De La Cruz , Deputy Public Defender, argued the cause for appellant. With her on the briefs was Ernest G. Lannet , Chief Defender, Office of Public Defense Services.

Michael Casper , Assistant Attorney General, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Rebecca M. Auten , Assistant Attorney General.

Before Lagesen, Presiding Judge, and DeVore, Judge, and Landau, Senior Judge.

Defendant appeals a judgment of conviction for menacing. ORS 163.190. The evidence against her included a recording of threats that she made to her neighbor during a conversation outside the neighbor's house. The conversation was recorded on a cell phone from a window in the neighbor's house. Defendant moved to exclude the recording...

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