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STATE v. BEDEN

(96-1137; CA A99593)

986 P.2d 94 (1999)

162 Or. App. 178

STATE of Oregon, Appellant, v. Terry Allen BEDEN, Respondent.

Court of Appeals of Oregon.

Decided August 4, 1999.

Attorney(s) appearing for the Case

Katherine H. Waldo, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Lawrence Matasar, Portland, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

WOLLHEIM, J.

The state seeks reversal of the trial court's pretrial order permitting defendant to introduce evidence pertaining to the alleged victim's past sexual abuse under OEC 412. We affirm.

Defendant is charged with sexual abuse in the first degree, ORS 163.427, and unlawful sexual penetration in the first degree, ORS 163.411, involving a 9-year-old child. The incident giving rise to the indictment occurred in October 1995, when defendant, a friend of...

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