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STATE v. HARVEY

TC 85-3665-C-3; TC 85-3666-C-3; CA A38851; CA A38852; SC S33567.

736 P.2d 191 (1987)

303 Or. 351

STATE of Oregon, Petitioner On Review, v. Jack Bert HARVEY, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided May 5, 1987.

Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the petition were Dave Frohnmayer, Atty. Gen., and Virginia Linder, Sol. Gen., Salem.

Diane L. Alessi, Deputy Public Defender, Salem, waived oral argument for respondent on review.

PER CURIAM.

Defendant appealed convictions on two counts of rape in the first degree and two counts of sodomy in the first degree committed on two separate dates by forcibly compelling sexual acts between his 14-year-old son and 11-year-old stepdaughter. The Court of Appeals affirmed the convictions of sodomy but reversed the rape convictions because defendant was not the male who committed the sexual acts. State v. Harvey, 82 Or.App. 595...

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