STATE v. DRIVER

002721; A114234.

86 P.3d 53 (2004)

192 Or. App. 395

STATE of Oregon, Respondent, v. Paul Lee DRIVER, Appellant.

Court of Appeals of Oregon.

Decided March 3, 2004.


Attorney(s) appearing for the Case

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

Joanna Jenkins, 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 SCHUMAN and ORTEGA, Judges.


ORTEGA, J.

Defendant appeals his three convictions for first-degree sexual abuse. He argues that the trial court erred in excluding evidence that the victim, a nine-year-old girl, recanted a previous allegation of sexual abuse against another man. After the victim denied on cross-examination that she had made or recanted the previous allegation, defendant attempted to introduce extrinsic evidence to rebut the denial. The trial court excluded that evidence on the ground...

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