STATE v. OSBORNE

97118447C; A105832.

25 P.3d 356 (2001)

174 Or. App. 88

STATE of Oregon, Respondent, v. Donald Wayne OSBORNE, aka Jim Sutton, Appellant.

Court of Appeals of Oregon.

Decided May 9, 2001.


Attorney(s) appearing for the Case

Rankin Johnson IV, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

Janet A. Klapstein, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.


EDMONDS, P.J.

Defendant appeals his convictions for two counts each of sodomy, ORS 163.405, and sex abuse, ORS 163.427, arguing that the trial court erred in admitting evidence of a similar offense that occurred in 1981. We agree and therefore reverse.

The charges in this case arise from two alleged incidents in 1995 or 1996. The only significant evidence in support of the charges came from the victim, who was six or seven years old at the time of the events...

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