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STATE v. HENLEY

A154810.

386 P.3d 126 (2016)

281 Or.App. 825

STATE of Oregon, Plaintiff-respondent, v. Robert Lewis HENLEY, aka Sonny Henley, Defendant-appellant.

Court of Appeals of Oregon.

October 26, 2016.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Mary M. Reese, Deputy Public Defender, Office of Public Defense Services, filed the brief for the appellant.

Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Ryan Kahn, Assistant Attorney General, filed the brief for respondent.

Before Armstrong, Presiding Judge, and Egan, Judge, and DeHoog, Judge.

EGAN, J.

Defendant appeals a judgment of conviction for sexual abuse in the first degree, ORS 163.427, and attempted sodomy in the first degree, ORS 163.405, for engaging in sexual behavior with the victim, his 11-year-old stepdaughter. On appeal, defendant assigns error to the trial court's admission of testimony that defendant's act of massaging the victim's chest, which occurred sometime before the sexual abuse, could constitute sexual "grooming...

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