STATE v. SMITH

993803BFE; A111197.

110 P.3d 605 (2005)

199 Or. App. 27

STATE of Oregon, Respondent, v. Anthony Dewayne SMITH, Appellant.

Court of Appeals of Oregon.

Decided April 13, 2005.


Attorney(s) appearing for the Case

Eric M. Cumfer, Salem, argued the cause and filed the opening brief and the supplemental brief for appellant. Erin K. Olson filed the second supplemental brief.

David J. Amesbury, Assistant Attorney General, argued the cause for respondent. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and WOLLHEIM, Judge.


EDMONDS, P.J.

This matter is before this court for a second time after we granted appellant's motion to recall the appellate judgment in this case affirming defendant's convictions for sodomy in the second degree, ORS 163.395, and rape in the second degree, ORS 163.365. Initially, defendant appealed from those convictions, but he did not assert a legally cognizable claim of error under OEC 803(18a)(b).1 We affirmed defendant's convictions...

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