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STATE v. HARRIS

A173579.

520 P.3d 897 (2022)

322 Or. App. 483

STATE of Oregon, Plaintiff-Respondent, v. Howard Lamar HARRIS, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

October 26, 2022.

Attorney(s) appearing for the Case

Morgen E. Daniels , 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.

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

Before Mooney, Presiding Judge, and Pagán, Judge, and Hadlock, Judge pro tempore.

Defendant appeals from a judgment of conviction for fourth-degree assault constituting domestic violence (Count 3) (ORS 163.160(3)(d); ORS 132.586). He assigns error to the trial court's decision to admit out-of-court statements of the nontestifying complainant, H, without adequate proof of unavailability, in violation of his constitutional...

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