Opinion
CC 10-82-06460; CA A28791; SC S31658
On appellant's petition for review from decision of Court of Appeals, Petition allowed, case remanded to trial court for further proceedings August 27, 1985
Appeal from Lane County Circuit Court, Gregory G. Foote, Judge. 72 Or. App. 593, 697 P.2d 557 (1985).
In Banc
John Daugirda, Deputy Public Defender, Salem, for petitioner on review. With him on the petition was Gary D. Babcock, Public Defender, Salem.
Robert E. Barton, Assistant Attorney General, Salem, for respondent on review. With him on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.
MEMORANDUM OPINION
Petition for review allowed.
The Court of Appeals is reversed and the case remanded to the trial court for further proceedings not inconsistent with this opinion.
MEMORANDUM OPINION
The defendant was convicted of Sodomy in the First Degree in a trial without a jury before the circuit court.
We allow review on the issues raised in the petition for review that the trial court erroneously admitted hearsay declarations of the alleged victim and that the defendant's state and federal confrontation rights were denied.
This case presents the same issues raised and decided in State v. Campbell, 299 Or. 633, 705 P.2d 694 (1985).
The Court of Appeals is reversed and the case remanded to the trial court for further proceedings not inconsistent with the decision in State v. Campbell, supra.