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State v. Verardo

Court of Appeals of Oregon

June 11, 2014

STATE OF OREGON, Plaintiff-Respondent,
v.
JARED NICHOLAS RAY VERARDO, Defendant-Appellant

Submitted May 29, 2013

Lincoln County Circuit Court. 104678. Sheryl Bachart, Judge.

Peter Gartlan, Chief Defender, and Jedediah Peterson, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Susan G. Howe, Senior Assistant Attorney General, filed the brief for respondent.

Before Wollheim, Presiding Judge, and Duncan, Judge, and Rasmussen, Judge pro tempore.

OPINION

Page 789

[263 Or.App. 453] DUNCAN, J.

Defendant appeals his conviction for second-degree robbery, arguing that the trial court erred when it ruled that the state could introduce evidence of his prior convictions in order to impeach him.[1] As explained below, we conclude that the court did not err; evidence of the convictions was admissible to impeach defendant as a hearsay declarant under OEC 609 (providing for impeachment by certain prior convictions) and OEC 806 (providing for impeachment of hearsay declarants).[2] Therefore, we affirm.

Defendant was charged with robbing a Walgreens pharmacy. In its case-in-chief, the state called two detectives as witnesses and questioned them about statements that defendant had made when the detectives had interviewed him about the robbery. One detective, Lane, testified that defendant had denied ever being in the pharmacy. The other detective, Meister, testified that he and Lane had interviewed defendant and

" during the interview basically in substance [we] asked him if he was involved in the robbery of Walgreens. He said that he was not. * * * [W]e asked him specifically if he's ever been in Walgreens and he said he has not. We actually asked him that twice and both times he said he's never been to Walgreens."

Defendant did not testify at trial. During his case-in-chief, defendant called Lane as a witness and questioned him about the interview:

" [DEFENSE COUNSEL]: And during the course of that interview, I think we know, did you ask [defendant] if he committed the robbery of the Walgreens?
" [LANE]: I did.
" [DEFENSE COUNSEL]: And what was his response?
" [LANE]: No, don't know anything about Walgreens ...

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