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STATE v. PHILLIPS

(CC 16CR66428) (SC S067088).

482 P.3d 52 (2021)

367 Or. 594

STATE of Oregon, Respondent on Review, v. Frank Marvin PHILLIPS, Jr., Petitioner on Review.

Supreme Court of Oregon, En Banc.

March 4, 2021.

Attorney(s) appearing for the Case

Zachary L. Mazer , Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the brief for petitioner on review. Also on the brief were Ernest G. Lannet , Chief Defender, and Laura E. Coffin , Deputy Public Defender.

Leigh A. Salmon , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

We allowed review in this criminal case to consider whether the trial court correctly allowed the state to impeach defendant's testimony with evidence that defendant previously had been convicted of second-degree assault. The trial court admitted the prior-conviction evidence under OEC 609, which permits a witness's credibility to be attacked...

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