State v. Flanigan

Defendant was convicted of burglary I. ORS 164.225. The state appeals his sentence, assigning error to the court’s ranking of the crime seriousness classification. ORS 138.060(5); ORS 138.222(4)(b). Defendant cross-appeals, assigning error to the court’s refusal to exclude the testimony of one of the state’s witnesses about whether he believed an out-of-court declaration by another witness. We affirm on the appeal and on the cross-appeal.

Defendant was charged with burglary I and robbery II. ORS 164.225; ORS 164.405. The state’s theory was that defendant and Finnel entered the motel room of…