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STATE v. HANSEN

CR86-11-214; CA A43451.

754 P.2d 604 (1988)

91 Or.App. 189

STATE of Oregon, Appellant, v. Charles H. HANSEN, Respondent.

Court of Appeals of Oregon.

Decided May 18, 1988.

Attorney(s) appearing for the Case

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Christopher Keusink, Brookings, argued the cause for respondent. With him on the brief was Coutrakon & Babin, P.C., Brookings.

Before WARDEN, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

JOSEPH, Chief Judge.

Defendant is charged with sexual abuse in the first degree. ORS 163.425. He moved to suppress all evidence on the ground that it resulted from a violation of the psychotherapist privilege or of defendant's constitutional right not to be compelled to testify against himself. Or. Const., Art. I, § 12. The trial court suppressed the evidence, the state appeals and we affirm.

We are bound by the trial court's finding of facts, if there...

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