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STATE v. COOPER

DC 91-2249-C; CA A72530; SC S40539.

874 P.2d 822 (1994)

319 Or. 162

STATE of Oregon, Petitioner on Review, v. Mark K. COOPER, Respondent on Review.

Supreme Court of Oregon.

Decided June 16, 1994.

Attorney(s) appearing for the Case

Amy E. Alpaugh, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With her on the petition were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

James N. Varner, Deputy Public Defender, Salem, argued the cause for respondent on review.

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

FADELEY, Justice.

The issue in this criminal case is whether a city police officer who investigates charges of a state crime and charges a defendant with that crime may be designated by the state in a state criminal trial based on this charge as a representative of the state under the second exception to the rule governing exclusion of witnesses that is stated in OEC 615. Stating that exception, OEC 615(2) in part provides:

"At the request of a party the...

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