State v. Vosika

The state moves for reconsideration of our decision in State v. Vosika, 83 Or App 298, 731 P2d 449 (1987). It contends that we should not have reversed defendant’s conviction but, rather, that we should have remanded the case for reconsideration because, if the trial court determines that the child is incompetent to testify, there is no need for a new trial. We disagree and allow reconsideration to clarify our earlier decision.

In our opinion, we stated:

“Defendant next contends that the trial court erred in admitting the hearsay testimony of the foster mother, [Doctor] Sabin and [Detective]…