FILED: April 15, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

WILLIAM JOEL FERGUSON,

Defendant-Appellant.

Jackson County Circuit Court
000666FE
A135865

William G. Purdy, Judge.

Submitted on December 12, 2008.

David E. Groom filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Douglas F. Zier, Assistant Attorney General, filed the brief for respondent.

Before Landau, Presiding Judge, and Brewer, Chief Judge, and Riggs, Senior Judge.

BREWER, C. J.

Affirmed.

BREWER, C. J.

Defendant, who was convicted of delivery of a controlled substance and possession of a controlled substance, ORS 475.992 (2003), renumbered as ORS 475.840 (2005), argues on appeal that the trial court erred in denying his motion to suppress evidence of the contents of an audiotape and erred in admitting into evidence the contents of the audiotape, in violation of the evidentiary rule against hearsay, as well as defendant's Sixth Amendment right to confront witnesses.