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STATE v. WIRFS

200909283; A143423.

281 P.3d 616 (2012)

250 Or. App. 269

STATE of Oregon, Plaintiff-Respondent, v. Travis Harold Michael WIRFS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 31, 2012.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, Office of Public Defense Services, and Zachary Lovett Mazer , Deputy Public Defender, filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Jeremy C. Rice , Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

Defendant was convicted of one count of second-degree sodomy, ORS 163.395, and two counts of third-degree sodomy, ORS 163.385. On appeal, he advances five assignments of error. Specifically, in his first assignment of error, he argues that a state's witness improperly commented on the credibility of the complainant. In his second assignment of error, he contends that it was error for the trial court to conclude that he was fit to proceed to trial. In...

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