STATE v. BUMGARNER

03CR1425FE; A126264.

184 P.3d 1143 (2008)

219 Or. App. 617

STATE of Oregon, Plaintiff-Respondent, v. Kevin Mitchell BUMGARNER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 7, 2008.


Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for appellant. With him on the briefs was Swanson, Lathen, Alexander & McCann, PC.

Paul L. Smith, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Anna M. Joyce, Assistant Attorney General.

Before WOLLHEIM, Presiding Judge, and ARMSTRONG and SERCOMBE, Judges.


SERCOMBE, J.

This is a criminal case in which defendant was convicted of a number of sex crimes involving a four-year-old child. On appeal, defendant makes five assignments of error, four of which relate to his convictions and one of which relates to his sentence. For the reasons explained below, we affirm defendant's convictions, but remand for resentencing.

On a hot day in mid-August 2003, defendant, his daughter, and several members of his ex-wife's family...

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