STATE v. JENSEN

CC 88-10-36812; CA A61487; SC S38280.

837 P.2d 525 (1992)

313 Or. 587

STATE of Oregon, Respondent on Review, v. Johannes JENSEN, Petitioner on Review.

Supreme Court of Oregon.

Decided July 30, 1992.

Reconsideration Denied September 29, 1992.


Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for petitioner on review. With her on the petition was Sally L. Avera, Public Defender, Salem.

Diane S. Lefkow, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With her on the response were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before CARSON, C.J., and PETERSON, VAN HOOMISSEN, FADELEY, and GRABER, JJ.


VAN HOOMISSEN, Justice.

Defendant was convicted of first-degree assault, ORS 163.185, and first-degree criminal mistreatment, ORS 163.205. On appeal, he assigned as error the trial court's failure to sustain his objection to the testimony of a nurse who had treated the three-year-old victim, about the child's description of how he was injured. Defendant argued that the testimony was inadmissible hearsay. He also argued, for the first time on appeal, that the Confrontation...

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