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STATE v. RINKIN

CM94-20493; CA A85305.

917 P.2d 1035 (1996)

141 Or. App. 355

STATE of Oregon, Respondent, v. Eric Jonathan RINKIN, Appellant.

Court of Appeals of Oregon.

Decided May 29, 1996.

Attorney(s) appearing for the Case

Mary M. Reese, Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

Janet A. Metcalf, Assistant Attorney General, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

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

HASELTON, Judge.

Defendant appeals his conviction for attempted sodomy in the first degree. ORS 161.405(1)1; ORS 163.405.2 He assigns error to the trial court's denial of his motion for a judgment of acquittal and to the trial court's denial of his motion to exclude evidence of prior bad acts. OEC 404(3). We reverse the conviction and remand for a new trial.

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