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STATE v. SUNDBERG

05102194; A135487.

225 P.3d 89 (2009)

233 Or. App. 77

STATE of Oregon, Plaintiff-Respondent, v. Arick Titus SUNDBERG, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 30, 2009.

Attorney(s) appearing for the Case

Dennis N. Balske, Portland, argued the cause and filed the brief for appellant.

Janet A. Klapstein, Senior 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 LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

ORTEGA, J.

Defendant appeals a judgment of conviction for attempted unlawful sexual penetration, ORS 161.405(2)(b); ORS 163.411, and first-degree sexual abuse, ORS 163.427. On appeal, defendant raises assignments of error concerning (1) the exclusion of evidence that K, whom the victim also had accused of sexual abuse, ultimately was acquitted of charges arising from the victim's allegations and (2) the denial of defendant's motion for a new trial, based on claimed...

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