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218 Or. App. 434

State v. Evans

Court of Appeals of Oregon

Decided March 12, 2008

Court of Appeals of Oregon · decided 2008-03-12

Decided 2008-03-12

PER CURIAM

¶1Defendant appeals a judgment of conviction for possession of a controlled substance, former ORS 475.992 (2003). He challenges, on federal Confrontation Clause grounds, the admission of a crime laboratory report identifying as methamphetamine the substance that was seized from him. The state concedes error under State v. Marroquin, 215 Or App 330, 168 P3d 1246 (2007), in which we reversed and remanded convictions due to the erroneous admission of laboratory reports in violation of Article I, section 11, of the Oregon Constitution. See generally State v. Birchfield, 342 Or 624, 157 P3d 216 (2007). Apart from its procedural posture, we agree that the facts in this case do not differ in any significant way from those in Marroquin. Accordingly, we accept the state’s concession.

¶2Reversed and remanded.

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