STATE v. KITZMAN

922182; CA A77967.

879 P.2d 1326 (1994)

129 Or. App. 520

STATE of Oregon, Respondent, v. Mark Michael KITZMAN, Appellant.

Court of Appeals of Oregon.

Decided August 10, 1994.


Attorney(s) appearing for the Case

Alan M. Dershowitz, Cambridge, MA, and Victoria B. Eiger argued the cause for appellant. With them on the briefs were Lawrence Matasar, Hoffman & Matasar, Portland, Nathan Z. Dershowitz and Dershowitz & Eiger, P.C., New York City.

Ann F. Kelley, Salem, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.


De MUNIZ, Judge.

Defendant appeals his convictions of 14 counts of rape, sexual abuse and unlawful sexual penetration. ORS 163.375; ORS 163.427; ORS 163.411. The offenses involved three victims: M, who is defendant's son, and L and L2, daughters of defendant's former lover, Yvette Gordon. At the time of trial, L was eight years old, L2 was three and one-half, and M was almost seven. We affirm the convictions for rape and sexual abuse of L and otherwise reverse and...

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