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STATE v. WASHEE

CF070061; A136014.

225 P.3d 95 (2009)

233 Or. App. 104

STATE of Oregon, Plaintiff-Appellant, v. Chester Allen WASHEE, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 30, 2009.

Attorney(s) appearing for the Case

Jennifer S. Lloyd, Assistant Attorney General, argued the cause for appellant. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Kaye E. McDonald, Senior Assistant Attorney General.

Ernest G. Lannet, Deputy Public Defender, argued the cause for respondent. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

In this pretrial appeal, the state challenges a trial court order granting defendant's motion to admit evidence under OEC 412.1 Defendant was charged with sodomy, sexual abuse, and coercion after an incident with the complainant, a developmentally disabled 15-year-old boy. Defendant moved to admit evidence of the complainant's past sexual behavior involving an eight-year-old boy, asserting that the proffered evidence is relevant...

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