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STATE v. ZAMUDIO

No. 81-556-C; CA A21783.

645 P.2d 593 (1982)

STATE of Oregon, Respondent, v. Arthur ZAMUDIO, Appellant.

Court of Appeals of Oregon.

Decided May 26, 1982.

Attorney(s) appearing for the Case

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

Robert E. Barton, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., James E. Mountain, Jr., Deputy Sol. Gen., and Barbara A. Jacobson, Certified Law Student, Salem.

Before GILLETTE, P.J., JOSEPH, C.J., and YOUNG, J.

YOUNG, Judge.

Defendant appeals his convictions after a jury trial for rape in the first degree (ORS 163.375), sodomy in the first degree (ORS 163.405) and sexual abuse in the first degree (ORS 163.425). He contends that the admission in evidence of prior criminal acts was prejudicial error. The evidence objected to was that defendant had beaten his wife about one month before the alleged sexual assault of the victim in the present action. We agree and reverse.

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