State v. Hernandez-Fabian

Defendant appeals a judgment of conviction for two counts of first-degree sexual abuse, ORS 163.427. He assigns error to the trial court’s admission under OEC 803(18a)(b) of hearsay statements about the abuse, arguing that the state failed to provide adequate notice of its intention to offer the statements at trial. For the reasons that follow, we reverse defendant’s convictions and remand for a new trial.

Because the jury convicted defendant, we state the facts in the light most favorable to the state. State v. Villanueva-Villanueva, 262 Or App 530, 531, 325 P3d 783 (2014). However, in…