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STATE v. LOWELL

09C44219; A143776.

277 P.3d 588 (2012)

249 Or. App. 364

STATE of Oregon, Plaintiff-Respondent, v. Timmothy Scott LOWELL, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 18, 2012.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Laura A. Frikert , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Timmothy Scott Lowell filed the supplemental brief pro se.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Shannon T. Reel , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and EDMONDS, Senior Judge.

ORTEGA, P.J.

Following a jury trial, defendant was convicted of third-degree rape. ORS 163.355.1 He appeals, arguing that the trial court erred in permitting the investigating detective to comment on the credibility of defendant and the complainant. We agree with defendant that the trial court plainly erred and that it is appropriate to exercise our discretion to correct the error.2 Accordingly, we reverse...

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