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STATE v. PHELPS

CM 93-1659; CA A83705.

920 P.2d 1098 (1996)

141 Or. App. 555

STATE of Oregon, Respondent, v. Robert McEwen PHELPS, Appellant.

Court of Appeals of Oregon.

Decided June 26, 1996.

Attorney(s) appearing for the Case

Walter J. Todd, Salem, argued the cause and filed the brief for appellant.

Eleanor E. Wallace, 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 WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

EDMONDS, Judge.

Defendant appeals his jury conviction of rape in the first degree, ORS 163.375(1)(d). We affirm.

The alleged victim is mentally handicapped and suffers from an extreme form of autism. As a result of her disabilities she is a resident of Oregon Community Support (OCS), a state-licensed residential treatment facility. Her condition generally requires one-on-one staff attention to manage her disabilities. Defendant worked at OCS and was one of...

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