State v. Edmonds

LINDER, S. J.

Defendant appeals from a judgment of conviction for rape in the first degree, ORS 163.375, challenging the trial court’s admission of a short portion of a transcript under the hearsay exception for past recollection recorded, OEC 803(5). The state concedes that the evidence was not admissible on that basis, but argues that the trial court’s ruling was nevertheless correct because the transcript was admissible under the hearsay exception for business records, OEC 803(6). As we will explain, we accept the state’s concession, and we conclude that we should exercise our discretion to…