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Oregon Court of Appeals


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State v. Ferry

Summarized by: 

Date Filed: 03-13-2013
Case #: A146648
Duncan, J. for the Court; Haselton, C.J.; and Armstrong, P.J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A146648.pdf

Appellate Procedure: The Court may not reach an argument on appeal that was not preserved at trial.

Defendant appealed judgment of conviction and sentence. Defendant was charged with several crimes against two juveniles. Each juvenile read a letter in court at the prompting of the prosecutor. Defendant objected, and claimed that the letter was hearsay. The prosecution asserted that the letter fell within OEC 803(18a)(b), the exception for child hearsay, and that the letter was not offered to prove the truth of the matter asserted. Defendant did not object to either of these assertions. The trial court admitted the letter and Defendant was convicted. Defendant appealed and claimed that the hearsay exception described in OEC 803(18a)(b) did not apply to all the parts of the letter. The Court of Appeals held that Defendant's argument was not preserved at trial because Defendant did not challenge the prosecutor’s assertions. Affirmed.