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STATE v. GUTIERREZ

Nos. 16CR72603; A164536.

466 P.3d 75 (2020)

304 Or. App. 431

STATE of Oregon, Plaintiff-Respondent, v. Erick Alexis GUTIERREZ, Defendant-Appellant.

Court of Appeals of Oregon.

May 28, 2020.

Attorney(s) appearing for the Case

Mark Kimbrell , Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Christopher Page , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before DeHoog, Presiding Judge, and Egan, Chief Judge, and Aoyagi, Judge.

Defendant was convicted of one count of harassment, ORS 166.065. On appeal, he argues that the trial court erred in allowing a police officer to testify to certain out-of-court statements by the victim, who did not testify at trial, over defendant's objection that it violated his confrontation rights. The state argues that the trial court...

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