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STATE v. STONAKER

D9507598M; CA A93687.

945 P.2d 573 (1997)

149 Or. App. 728

STATE of Oregon, Appellant, v. Roy Hubert STONAKER, Jr., Respondent.

Court of Appeals of Oregon.

Decided September 10, 1997.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Daniel Q. O'Dell, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before De MUNIZ, P.J., and HASELTON, J., and RICHARDSON, Senior Judge.

HASELTON, Judge.

The state appeals from a pretrial order suppressing evidence of statements the complainant made to a 9-1-1 operator and to a police officer. See ORS 138.060(3). The trial court concluded that those statements did not fall within the "excited utterance" exception to the hearsay rule. OEC 803(2). We conclude that the 9-1-1 call statements did satisfy the requirements of OEC 803(2) but that the complainant's subsequent statements to the investigating...

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