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STATE v. GALLOWAY

02FE0202; A121922.

123 P.3d 352 (2005)

202 Or. App. 613

STATE of Oregon, Respondent, v. Nathan Wayne GALLOWAY, Appellant.

Court of Appeals of Oregon.

Decided November 16, 2005.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause for appellant.

Kaye E. McDonald, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before WOLLHEIM, Presiding Judge, and SCHUMAN, Judge, and DEITS, Judge pro tempore.

SCHUMAN, J.

Defendant was convicted of 27 counts involving a variety of crimes stemming from his alleged participation in two fire-setting incidents.1 He assigns error to three of the trial court's rulings: one allowing into evidence the taped interviews of an accomplice who was unavailable to testify, one denying defendant's motion for a mistrial, and one sentencing defendant to an "upward departure...

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