State v. Pitt (A121706)

FILED: May 9, 2007

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

DOUGLAS LEROY PITT,

Defendant-Appellant.

Lane County Circuit Court
200218264; A121706

Gregory G. Foote, Judge.

On respondent's petition for reconsideration filed December 27, 2006. Opinion filed November 15, 2006. 209 Or App 349, 150 P3d 1.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Janet A. Metcalf, Assistant Attorney General, for petition.

Before Landau, Presiding Judge, and Wollheim and Schuman, Judges.

PER CURIAM

Reconsideration allowed; former opinion adhered to.

PER CURIAM

The state petitions for reconsideration of our decision in State v. Pitt (A121706), 209 Or App 349, 150 P3d 1 (2006), in which we held that the trial court erred by allowing into evidence videotaped testimony containing the hearsay statements of two child victims whom defendant did not have the opportunity to cross-examine. The state argues that we failed to adequately address the question whether the admission of the videotapes constituted harmless error.

In a separate case, the same defendant was convicted of sexual offenses that involved the same child victims but arose from defendant's conduct in a different county. See State v. Pitt (A120428), 209 Or App 270, 147 P3d 940 (2006). The same videotaped testimony at issue here was also admitted into evidence in that case, and we held that the trial court had committed reversible error in admitting the tapes. The state petitioned for reconsideration arguing, as it does in this case, that we failed to adequately address the question whether the admission of the videotapes constituted harmless error. We allowed reconsideration and adhered to the opinion. For the same reasons cited in that case, we adhere to our original opinion in this one.

Reconsideration allowed; former opinion adhered to.