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STATE v. STACY

91C-20070; CA A69253.

830 P.2d 624 (1992)

113 Or. App. 141

STATE of Oregon, Respondent, v. Eugene Louis STACY, Appellant.

Court of Appeals of Oregon.

Decided May 13, 1992.

Attorney(s) appearing for the Case

Mark J. Geiger, Salem, 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 Linder, Sol. Gen., Salem.

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

DURHAM, Judge.

Defendant appeals his conviction, after trial to the court, on two counts of sexual abuse in the first degree. ORS 163.425. We affirm.

On December 15, 1990, defendant approached a seven-year-old girl standing alone in the aisle of a department store toy section and touched her on the buttocks. The girl turned, looked at him and ran to her sisters. She testified that defendant had "spanked" her softly...

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