STATE v. GONZALEZ

CR 88-93, CR 88-94, CR 88-95. CA A50081 (Control), CA A50082, CA A50083.

776 P.2d 1315 (1989)

97 Or.App. 633

STATE of Oregon, Respondent, v. Mariano GONZALEZ, Appellant.

Court of Appeals of Oregon.

Decided July 26, 1989.


Attorney(s) appearing for the Case

George W. Kelly, 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 Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

Defendant appeals from two convictions for rape in the first degree, ORS 163.375, and one for sodomy in the first degree. ORS 163.405. He contends that the trial court erred in allowing the victim to testify to defendant's previous sexual conduct with her.

The victim, who was 17 years old at the time of trial, has known defendant since she was five years old, when she and her family shared a house with defendant. As part of the state...

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