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STATE v. TYLER

02081967; A124838.

159 P.3d 1218 (2007)

213 Or. App. 109

STATE of Oregon, Respondent, v. David TYLER, Appellant.

Court of Appeals of Oregon.

Decided May 23, 2007.

Attorney(s) appearing for the Case

Jamesa J. Drake, Deputy Public Defender, argued the cause for appellant. On the opening brief were Monty K. VanderMay and The VanderMay Law Firm, Salem. With her on the supplemental appellant's brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

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 SCHUMAN, Presiding Judge, and ORTEGA and ROSENBLUM, Judges.

ORTEGA, J.

Defendant appeals a judgment convicting him of six counts of sexual abuse in the first degree, ORS 163.427, and three counts of unlawful sexual penetration in the second degree, ORS 163.408. We address only one of defendant's assignments of error—defendant's challenge to the trial court's exclusion of certain evidence—and reject the others without discussion. As to that one assignment, because defendant failed to preserve the issue that he...

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