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STATE v. PEREZ

92C-21509; CA A80058.

899 P.2d 722 (1995)

135 Or. App. 433

STATE of Oregon, Respondent, v. Armando A. PEREZ, Appellant.

Court of Appeals of Oregon.

Decided July 12, 1995.

Attorney(s) appearing for the Case

Steven V. Humber, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

R. Victoria Roe, Asst. Atty. Gen., argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.

RIGGS, Judge.

Defendant appeals his convictions for first degree burglary and second degree sexual abuse. ORS 164.225; ORS 163.425. He assigns error to the court's exclusion of his witnesses as a sanction for discovery violations. He argues that the prosecution failed to demonstrate that it would be prejudiced if his witnesses were allowed to testify. We reverse.

Defendant and the alleged victim, Lewis, gave very different accounts of what occurred on the...

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