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STATE v. HUTCHISON

9411-37439; CA A89176.

920 P.2d 1105 (1996)

142 Or. App. 56

STATE of Oregon, Respondent, v. Daniel Ray HUTCHISON, Appellant.

Court of Appeals of Oregon.

Decided July 3, 1996.

Attorney(s) appearing for the Case

Lawrence Matasar, Portland, argued the cause for appellant. With him on the brief was Hoffman & Matasar.

Janie Burcart, 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.

De MUNIZ, Judge.

Defendant appeals his conviction for sodomy in the first degree. ORS 163.405(1). We reverse and remand for a new trial.

At trial, the state presented one witness, defendant's girlfriend, who testified that she saw defendant's penis in the mouth of her two-year-old daughter when defendant was in the shower with the child, supposedly washing the child's hair. Following instructions, the jury deliberated...

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