Bales v. State

JOHNSON, Judge,

specially concurring:

I write separately to address the appellant’s third proposition of error. I find that the majority has improperly characterized the issue as one involving confrontation. However, insofar as A.H. testified at trial and was subject to cross-examination, appellant was not deprived of confrontation. See Jones v. State, 781 P.2d 326, 328 (Okl.Cr.1989). Rather, I find the issue to be the admissibility of the doctor’s hearsay testimony as to what A.H. told them during her examinations. Properly framed, I find any error in the hearsay to have been waived by…