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STATE v. DECK

B66-524; CA A36764.

735 P.2d 637 (1987)

84 Or.App. 725

STATE of Oregon, Respondent, v. Clifford Phillip DECK, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted March 12, 1987.

Decided April 15, 1987.

Attorney(s) appearing for the Case

Robert C. Homan, Eugene, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Resubmitted In Banc March 12, 1987.

NEWMAN, Judge.

Defendant appeals his conviction for sexual abuse in the second degree, a Class A misdemeanor. ORS 163.415.1 He argues that the court erred in denying his motion for judgment of acquittal, in improperly instructing the jury and in admitting hearsay evidence at sentencing. We affirm the conviction but vacate the sentence and remand for resentencing.

On October 1, 1984, the...

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