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STATE v. FOWLER

04122654; A132929.

200 P.3d 591 (2009)

225 Or. App. 187

STATE of Oregon, Plaintiff-Appellant, v. John Christopher FOWLER, Defendant-Respondent.

Court of Appeals of Oregon.

Decided January 7, 2009.

Attorney(s) appearing for the Case

Janet A. Klapstein, Senior Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Kevin T. Lafky, Salem, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

ORTEGA, J.

Defendant was charged with three counts of first-degree sodomy, ORS 163.405, and six counts of third-degree sexual abuse, ORS 163.415. The state appeals a pretrial order, issued pursuant to OEC 412,1 granting defendant's motion to allow admission of evidence of the past sexual behavior of the alleged victim, the teenaged daughter of defendant's girlfriend. We reverse.

The relevant facts are largely procedural and not...

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