STATE v. VALLE

09C48555; A145111.

298 P.3d 1237 (2013)

255 Or. App. 805

STATE of Oregon, Plaintiff-Respondent, v. Juan VALLE, Defendant-Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted En Banc December 3, 2012.

Decided March 27, 2013.


Attorney(s) appearing for the Case

Kevin T. Lafky , Salem, argued the cause for appellant. With him on the brief was Lafky & Lafky.

Douglas F. Zier , Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Before HASELTON, Chief Judge, and ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, SERCOMBE, DUNCAN, NAKAMOTO, and EGAN, Judges.


DUNCAN, J.

In this criminal case, defendant appeals the trial court's judgment of conviction and sentence, assigning error to the trial court's exclusion of impeachment evidence. For the reasons explained below, we conclude that the trial court erred in excluding the evidence and that the error was not harmless. Therefore, we reverse and remand.1

Defendant was charged with two counts of first-degree sodomy, ORS 163.405, and four...

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