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STATE v. ANDERSON

CM93-0524; CA A81744.

902 P.2d 1206 (1995)

137 Or. App. 36

STATE of Oregon, Respondent, v. Kevin W. ANDERSON, Appellant.

Court of Appeals of Oregon.

Decided September 27, 1995.

Attorney(s) appearing for the Case

Peter Gartlan, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Rives Kistler, Assistant Attorney General, argued the cause for respondent. On the brief were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Caroline M. Carey, Assistant Attorney General.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

De MUNIZ, Judge.

Defendant appeals his convictions for rape in the first degree, ORS 163.375, and sodomy in the first degree, ORS 163.405. The basis of the conviction was the victim's incapacity to consent because of mental defect.1 We affirm.

On July 22, 1992, the victim, a mentally retarded and hearing-impaired 25 year old, went to a tavern in Corvallis. As she walked from the tavern early in the morning of July 23, defendant...

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