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STATE v. MOALA

A171258.

511 P.3d 1127 (2022)

320 Or. App. 33

STATE of Oregon, Plaintiff-Appellant Cross-Respondent, v. Sione MOALA, Defendant-Respondent Cross-Appellant.

Court of Appeals of Oregon.

June 2, 2022.

Attorney(s) appearing for the Case

Colm Moore , Assistant Attorney General, Portland, argued the cause for appellant-cross-respondent. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

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

Before James, Presiding Judge, and Kamins, Judge, and Joyce, Judge.

The state appeals a pretrial order that excluded a photograph of an injury on the complainant, E's, leg after the trial court concluded that the photograph constituted impermissible hearsay. Defendant cross-appeals from the trial court's order. He argues that we lack jurisdiction to consider the state's appeal. He also argues that the...

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