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STATE v. LAPRAIM

00CR2048; A114190.

66 P.3d 543 (2003)

187 Or. App. 101

STATE of Oregon, Respondent, v. Charles J. LAPRAIM, Appellant.

Court of Appeals of Oregon.

Decided March 20, 2003.

Attorney(s) appearing for the Case

Stephanie Hortsch, Deputy Public Defender, filed the brief for appellant. With her on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.

Laura S. Anderson, Assistant Attorney General, filed the brief for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and KISTLER and SCHUMAN, Judges.

PER CURIAM.

Defendant appeals his conviction for fourth-degree assault, ORS 163.160, and harassment, ORS 166.065. He argues that the trial court erred in admitting a tape of a call that a witness made to the 9-1-1 emergency number. The court held that the tape was not hearsay because the declarant was present to testify. We vacate the conviction and remand.

Hearsay is "a statement, other than one made by the declarant while testifying at the trial or hearing...

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