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STATE v. FRY

CM9920842; A108454

42 P.3d 369 (2002)

180 Or. App. 237

STATE of Oregon, Respondent, v. Kevin L. FRY, Appellant.

Court of Appeals of Oregon.

Decided March 20, 2002.

Attorney(s) appearing for the Case

Andy Simrin, Senior Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

Ann Kelley, 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 was convicted of four counts of rape in the first degree, ORS 163.375, one count of sexual abuse in the first degree, ORS 163.427, and one count of incest, ORS 163.525, all based on his alleged conduct with his four-year-old daughter. He was also convicted of sexual abuse in the third degree, ORS 163.415, and rape in the third degree, ORS 163.355, based on his involvements with his daughter's mother and with another underage woman. The only...

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