STATE v. PIERCE

CM0121185; A117231.

76 P.3d 172 (2003)

189 Or. App. 387

STATE of Oregon, Respondent, v. Christopher Scott PIERCE, Appellant.

Court of Appeals of Oregon.

Decided September 10, 2003.


Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief for appellant.

Kathleen Cegla, 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 LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.


LANDAU, P.J.

Defendant appeals a judgment of conviction for public indecency. He challenges the sufficiency of the evidence and the admission of certain testimony concerning prior sexual conduct. We reject without discussion defendant's challenge as to the sufficiency of the evidence. However, we conclude that the trial court erred in admitting the testimony and that the error was not harmless.

The record reflects the following evidence.1...

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