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STATE v. VOSIKA

C 84-02-30610; CA A36528.

731 P.2d 449 (1987)

83 Or.App. 298

STATE of Oregon, Respondent, v. Tamara VOSIKA, Appellant.

Court of Appeals of Oregon.

Decided January 14, 1987.

Attorney(s) appearing for the Case

Ivan J. Vesely, Portland, argued the cause and filed the brief for appellant.

Virginia Linder, Asst. Sol. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., Thomas H. Denney, Asst. Atty. Gen., Salem, Michael D. Schrunk, Dist. Atty., and Kathleen Payne-Pruitt, Deputy Dist. Atty., Portland.

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

VAN HOOMISSEN, Judge.

Defendant appeals her convictions for sodomy in the first degree and sexual abuse in the first degree. ORS 163.405; ORS 163.425. She contends that the trial court erred in failing to observe the victim personally in order to assess the victim's competency to testify, in excluding witnesses from the courtroom and in admitting hearsay evidence identifying her as the abuser. We reverse and remand.

In November, 1983, the three-year old victim...

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