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STATE v. EDER

563 P.2d 765 (1977)

29 Or.App. 375

STATE of Oregon, Respondent, v. James Joseph EDER, Appellant.

Court of Appeals of Oregon.

Decided May 9, 1977.

Attorney(s) appearing for the Case

Gary L. Hooper, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., W. Michael Gillette, Sol. Gen., and Richard M. Sandvik, Asst. Atty. Gen., Salem.

Before SCHWAB, C.J., and LEE and TANZER, JJ.

TANZER, Judge.

Defendant was sentenced to a term of six years imprisonment for first degree sodomy and attempted first degree rape. The issue on appeal is whether the sentencing court erred in quashing defendant's subpoena of the raw test data which was used in formulating the psychological evaluation of defendant contained in the presentence report.1

Defendant was given access to the...

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