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STATE v. LEAHY

000092CR; A114650.

78 P.3d 132 (2003)

190 Or. App. 147

STATE of Oregon, Respondent, v. Raymond Joseph LEAHY, Appellant.

Court of Appeals of Oregon.

Decided October 22, 2003.

Attorney(s) appearing for the Case

David C. Degner, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.

Kaye Ellen McDonald, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and SCHUMAN, Judge.

EDMONDS, P.J.

Defendant was convicted after a trial to the court of four counts of sodomy in the first degree. ORS 163.405. He appeals the convictions, assigning error to the state's failure to give timely notice of its intent to offer certain hearsay statements by the victim and to the admission of testimony that he claims impermissibly commented on the credibility of another witness's testimony. We reverse and remand.

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