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STATE v. BAKER

No. 55169; CA 16119.

610 P.2d 840 (1980)

46 Or.App. 79

STATE of Oregon, Respondent, v. Wilfred Elsworth BAKER, Appellant.

Court of Appeals of Oregon.

Decided May 5, 1980.

Attorney(s) appearing for the Case

David E. Groom, Deputy Public Defender, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Robert C. Cannon, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and JOSEPH, WARDEN and WARREN, JJ.

WARREN, Judge.

Defendant was convicted by a jury of rape in the first degree, ORS 163.375, and kidnapping in the second degree, ORS 163.225. He was sentenced to the Corrections Division for a period not to exceed 20 years for rape and for a period of five years for the kidnapping to be served concurrently. Defendant assigns as error: (1) the admission into evidence of a hearsay statement relating the victim's complaint of the alleged rape; and (2) the sentence imposed...

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