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STATE v. KERSEY

Nos. 80-8-287; 80-8-337; 80-8-338; 80-8-339; 80-8-341; CA A20497.

636 P.2d 1009 (1981)

STATE of Oregon, Respondent, v. David Eugene KERSEY, Appellant.

Court of Appeals of Oregon.

Decided December 1, 1981.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Virginia L. Linder, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.

GILLETTE, Presiding Judge.

Defendant appeals his convictions for attempted rape in the first degree (three counts), sexual abuse in the first degree, attempted sodomy in the first degree and sodomy in the first degree. He argues that the court abused its discretion in failing to grant either a dismissal or a mistrial following a discovery violation by the state. See ORS 135.805 to 135.873. We affirm.

Trial on this case began, to the court, on December...

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