STATE v. SEWELL

Nos. 050036CM; A143648.

307 P.3d 464 (2013)

257 Or. App. 462

STATE of Oregon, Plaintiff-Respondent, v. Gordon S. SEWELL, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 10, 2013.


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.

Michael Salvas , Certified Law Student, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Inge D. Wells , Senior Assistant Attorney General.

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


ORTEGA, P.J.

Defendant seeks reversal of a judgment convicting him of two counts of third-degree sexual abuse, ORS 163.415; one count of furnishing alcohol to a minor, ORS 471.410(2); and one count of contributing to the sexual delinquency of a minor, ORS 163.431. He argues that the trial court should have excluded, under OEC 403, the victim's testimony that defendant refused to use a condom during four of their sexual encounters. In a previous appeal, we reversed...

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