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STATE v. HIGGINS

10FE0011AB; A145077.

308 P.3d 352 (2013)

258 Or. App. 177

STATE of Oregon, Plaintiff-Respondent, v. Patrick Gary HIGGINS, aka Elmer Douglas Chobo, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 14, 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. Pat Higgins filed the supplemental brief pro se.

Rolf C. Moan , Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and DE MUNIZ, Senior Judge.

DE MUNIZ, S.J.

Defendant appeals from judgments of conviction for unlawful sexual penetration, sodomy, and rape. Although defendant assigns numerous errors to the trial court, we address only whether the trial court's failure to sua sponte refuse to permit the complainant's mother to comment on the complainant's credibility was an error requiring reversal. We hold that the error is plain and requires that we reverse...

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