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FILED: June 22, 2011

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

ARMANDO MORENO-GARCIA,

Defendant-Appellant.

Multnomah County Circuit Court
060935450
A140647

Edward J. Jones, Judge.

Submitted on December 16, 2010.

Peter Gartlan, Chief Defender, and Shawn E. Wiley, Chief Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Justice J. Rillera, Assistant Attorney General, filed the brief for respondent.

Before Schuman, Presiding Judge, and Wollheim, Judge, and Rosenblum, Senior Judge.

SCHUMAN, P. J.

Affirmed.

SCHUMAN, P. J.

Defendant was convicted of first-degree manslaughter, ORS 163.118, based on his reckless failure to seek medical attention for his two-year-old foster child that he was in the process of adopting. On appeal, he argues that the court erred in admitting evidence about physical abuse suffered by the victim's sister; that evidence, he contends, had no relevance to the question of whether defendant failed to seek medical attention for the victim. He also argues that the same evidence was testimonial and, therefore, admitting it violated his Confrontation Clause rights under the Sixth Amendment to the United States Constitution. We conclude that the trial court erred in admitting the evidence, but we nonetheless affirm, because we also conclude that the error did not affect the verdict. Or Const, Art VII (Amended),