STATE v. LOPEZ

08C48643; A141755.

250 P.3d 984 (2011)

241 Or. App. 670

STATE of Oregon, Plaintiff-Respondent, v. Edward Anthony LOPEZ, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 30, 2011.


Attorney(s) appearing for the Case

Erica Herb , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Jennifer S. Lloyd , Attorney-in-Charge, Criminal Appeals, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, David B. Thompson , Interim Solicitor General, and Patrick M. Ebbett , Assistant Attorney General.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.


HASELTON, P.J.

Defendant appeals a judgment of conviction for three counts of first-degree sexual abuse, ORS 163.427, contending, in part, that the trial court erroneously permitted the state to impeach him with a prior felony conviction beyond the 15-year period prescribed in OEC 609(3)(a).1 On appeal, the resolution of that matter turns on the answer to a single, dispositive question: Is the application of the 15-year period determined...

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