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STATE v. FRANCO

C95-08-36622; CA A92107.

950 P.2d 348 (1997)

151 Or. App. 472

STATE of Oregon, Appellant, v. George Renato FRANCO, Respondent.

Court of Appeals of Oregon.

Decided December 3, 1997.

Attorney(s) appearing for the Case

Rolf C. Moan, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Vicki R. Vernon, Portland, argued the cause and filed the brief for respondent.

Before DEITS, C.J., and De MUNIZ and HASELTON, JJ.

De MUNIZ, Judge.

Defendant is charged with one count of robbery in the first degree, ORS 164.415(1), and one count of robbery in the second degree. ORS 164.405(1). Before trial, the state moved to admit hearsay statements by co-defendant Love, an unavailable declarant, as statements against Love's penal interest, pursuant to OEC 804(3)(c). After an evidentiary hearing, the trial court admitted portions of Love's declaration in which he inculpated only himself, excluding...

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