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STATE v. BARNES

CM0320675; A123837.

145 P.3d 261 (2006)

208 Or. App. 640

STATE of Oregon, Respondent, v. Dana Andrew BARNES, Appellant.

Court of Appeals of Oregon.

Decided October 11, 2006.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Ernest G. Lannet, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Julie A. Smith, Assistant Attorney General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and YRAGUEN, Senior Judge.

YRAGUEN, S.J.

Defendant appeals his convictions for burglary in the first degree, ORS 164.225, assault in the third degree, ORS 163.165, and theft in the second degree, ORS 164.045, raising four assignments of error. In his first assignment, defendant argues that the trial court erred in excluding the opinions of lay witnesses that the victim was intoxicated by, or under the influence of, methamphetamine. Because we agree that the court's exclusion of this evidence...

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