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STATE v. McBETH

03FE0054; A122304.

149 P.3d 212 (2006)

209 Or. App. 546

STATE of Oregon, Respondent, v. J.W. McBETH, Appellant.

Court of Appeals of Oregon.

Decided December 6, 2006.

Attorney(s) appearing for the Case

Shawn Wiley, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Douglas F. Zier, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

ARMSTRONG, J.

Defendant appeals his conviction of two counts of witness tampering. ORS 162.285. He assigns error to the trial court's admission of a witness's state-of-mind testimony about why she feared defendant, on the ground that the evidence was irrelevant. OEC 401. We review the court's determination of relevance for legal error, State v. Titus, 328 Or. 475, 481, 982 P.2d 1133 (1999), and...

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