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STATE v. MOALA

A171258.

511 P.3d 1127 (2022)

320 Or. App. 33

STATE of Oregon, Plaintiff-Appellant Cross-Respondent, v. Sione MOALA, Defendant-Respondent Cross-Appellant.

Court of Appeals of Oregon.

June 2, 2022.

Attorney(s) appearing for the Case

Colm Moore, Assistant Attorney General, Portland, argued the cause for appellant-cross-respondent. Also on the briefs were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Mark Kimbrell, Deputy Public Defender, argued the cause for respondent-cross-appellant. Also on the briefs was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Before James, Presiding Judge, and Kamins, Judge, and Joyce, Judge.

The state appeals a pretrial order that excluded a photograph of an injury on the complainant, E's, leg after the trial court concluded that the photograph constituted impermissible hearsay. Defendant cross-appeals from the trial court's order. He argues that we lack jurisdiction to consider the state's appeal. He also argues that the...

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