STATE v. ZYBACH

10-86-02070; CA A42508.

761 P.2d 1334 (1988)

93 Or.App. 218

STATE of Oregon, Respondent, v. John Michael ZYBACH, Appellant.

Court of Appeals of Oregon.

Decided October 5, 1988.


Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause, for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause, for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before JOSEPH, C.J., and WARREN and ROSSMAN, JJ.


JOSEPH, Chief Judge.

Defendant appeals his conviction for rape in the second degree. He contends that the trial court erred by admitting evidence of "other crimes" or "other bad acts." OEC 404(3).1 We reverse.

The court admitted evidence of three contacts or attempted contacts between the victim, a juvenile, and the defendant which occurred after the alleged rape. The first incident occurred approximately one month afterward, when...

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