State v. Franco

Defendant is charged with one count of robbery in the first degree, ORS 164.415(1), and one count of robbery in the second degree, ORS 164.405(1). Before trial, the state moved to admit hearsay statements by codefendant Love, an unavailable declarant, as statements against Love’s penal interest, pursuant to OEC 804(3)(c). After an evidentiary hearing, the trial court admitted portions of Love’s declaration in which he inculpated only himself, excluding the parts in which Love inculpated himself and defendant. The state appeals from the trial court’s pretrial order excluding the mixed-blame…