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STATE v. HARRIS

A173579.

520 P.3d 897 (2022)

322 Or. App. 483

STATE of Oregon, Plaintiff-Respondent, v. Howard Lamar HARRIS, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

October 26, 2022.

Attorney(s) appearing for the Case

Morgen E. Daniels, Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Greg Rios, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before Mooney, Presiding Judge, and Pagán, Judge, and Hadlock, Judge pro tempore.

Defendant appeals from a judgment of conviction for fourth-degree assault constituting domestic violence (Count 3) (ORS 163.160(3)(d); ORS 132.586). He assigns error to the trial court's decision to admit out-of-court statements of the nontestifying complainant, H, without adequate proof of unavailability, in violation of his constitutional...

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