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STATE v. EDMONDS

A158854.

398 P.3d 998 (2017)

285 Or. App. 855

STATE of Oregon, Plaintiff-Respondent, v. Kelly Lee EDMONDS, Defendant-Appellant.

Court of Appeals of Oregon.

June 1, 2017.

Attorney(s) appearing for the Case

Kristin A. Carveth , Deputy Public Defender, argued the cause for appellant. With her on the briefs was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Carson L. Whitehead , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Tookey, Presiding Judge, and Shorr, Judge, and Linder, Senior Judge.

Defendant appeals from a judgment of conviction for rape in the first degree, ORS 163.375, challenging the trial court's admission of a short portion of a transcript under the hearsay exception for past recollection recorded, OEC 803(5). The state concedes that the evidence was not admissible...

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