State v. Nelson

This case presents the question of whether the testimonial statement of a declarant, admitted for the purpose of impeaching the declarant after he or she has refused to testify, is barred by the rule in Crawford v. Washington, 541 US 36, 124 S Ct 1354, 158 L Ed 2d 177 (2004). We hold that it is not. In a supplemental assignment of error, defendant argues that his consecutive sentences on three counts of identity theft, ORS 165.800, violated the rule in State v. Ice, 343 Or 248, 170 P3d 1049 (2007), cert granted,_US_, 128 S Ct 1657 (2008). Defendant acknowledges that the issue raised in his…