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STATE v. WALTERS

CM 87-0328; CA A47119.

783 P.2d 531 (1989)

STATE of Oregon, Respondent, v. Roger Matthew WALTERS, Appellant.

Court of Appeals of Oregon.

Decided December 6, 1989.

Reconsideration Denied February 23, 1990.

Attorney(s) appearing for the Case

David E. Groom, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

Defendant appeals his convictions, after a jury trial, for attempted rape in the first degree, ORS 163.375, attempted sodomy in the first degree, ORS 163.405, and attempted kidnapping in the first degree. ORS 163.235; ORS 161.405.

On August 1, 1987, the victim, age 13, was helping her parents conduct a garage sale at their home. In the afternoon, she rode her bike down the street to another garage sale. Defendant approached her and asked if...

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