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STATE v. MOSS

94C21010, CA A87648.

938 P.2d 215 (1997)

147 Or. App. 658

STATE of Oregon, Respondent, v. Thomas Eugene MOSS, Appellant.

Court of Appeals of Oregon.

Decided April 30, 1997.

Attorney(s) appearing for the Case

James N. Varner, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Kaye E. Sunderland, 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 LANDAU, JJ.

LANDAU, Judge.

Defendant appeals convictions on charges of rape in the first degree, ORS 163.375, and unlawful sexual penetration in the first degree, ORS 163.411, contending that the trial court committed three evidentiary errors and one sentencing error, each of which he argues requires reversal. We affirm the convictions and remand for resentencing.

Defendant was charged with committing rape and unlawful sexual penetration against a minor child and with...

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