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STATE v. ROLLER

CF02-0775; A123461.

118 P.3d 804 (2005)

STATE of Oregon, Respondent, v. Broc William ROLLER, Appellant.

Court of Appeals of Oregon.

Decided August 10, 2005.

Attorney(s) appearing for the Case

Jason E. Thompson and Andy Simrin, Salem, argued the cause and filed the brief for appellant.

Katherine H. Waldo, 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 WOLLHEIM and SCHUMAN, Judges.

SCHUMAN, J.

Defendant appeals from convictions for unlawful sexual penetration, ORS 163.411, and sexual abuse in the first degree, ORS 163.427. We reverse.

At the time of the incident giving rise to this prosecution, the alleged victim, K, was 14 years, 9 months old. Defendant was 16. Along with several friends, they were spending the evening in the Weston business district when defendant reported that a large party was taking place in the nearby mountains...

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