STATE v. RESENDEZ

85-1782; CA A38373.

728 P.2d 562 (1986)

82 Or.App. 259

STATE of Oregon, Respondent, v. John Troy RESENDEZ, Appellant.

Court of Appeals of Oregon.

Decided November 12, 1986.

Reconsideration Denied January 16, 1987.


Attorney(s) appearing for the Case

Lawrence J. Hall, Salem, argued the cause for appellant. With him on brief was Gary D. Babcock, Public Defender, Salem.

Virginia L. Linder, Sol. Gen., Salem, argued the cause for respondent. With her on brief were Dave Frohnmayer, Atty. Gen., and Jeff Ellis, Certified Law Clerk, Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.


WARDEN, Presiding Judge.

Defendant was convicted of rape in the first degree, ORS 163.375, and sexual abuse in the first degree, ORS 163.425, involving a six-year old girl. He appeals only the rape conviction. We affirm.

During the trial, a Children's Services Division (CSD) worker testified for the state that four days after the incident the victim told her that defendant had had sexual intercourse with her. Defendant contends that the trial court erred in...

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