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FILED: December 31, 2008

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

ANTONIO MENDOZA-LAZARO,

Defendant-Appellant.

Marion County Circuit Court
03C44064
A123566

On remand from the Oregon Supreme Court, State v. Mendoza-Lazaro, 344 Or 194, 179 P3d 672 (2008).

Richard D. Barber, Sr., Judge.

Submitted on remand March 13, 2008.

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Brandon G. Williams, Deputy Public Defender, Office of Public Defense Services, for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Janet A. Metcalf, Assistant Attorney General, for respondent.

Before Landau, Presiding Judge, and Schuman, Judge, and Ortega, Judge.

ORTEGA, J.

Convictions for fourth-degree assault reversed and remanded; otherwise affirmed.

ORTEGA, J.

In our original decision in this case, we exercised our discretion under ORAP 5.45(1) to review defendant's unpreserved objection to the trial court's admission of testimonial hearsay in violation of his confrontation rights under the Sixth Amendment to the United States Constitution.