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STATE v. SMITH

A160838.

455 P.3d 520 (2019)

300 Or. App. 485

STATE of Oregon, Plaintiff-Respondent, v. Larry Dale SMITH, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

November 14, 2019.

Attorney(s) appearing for the Case

Kristin A. Carveth , Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Susan G. Howe , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before DeHoog, Presiding Judge, and Egan, Chief Judge, and Aoyagi, Judge.

Defendant appeals a judgment of conviction for one count of rape in the first degree and two counts of unlawful sexual penetration in the first degree.1 In his first assignment of error, defendant contends that the trial court erred when it ruled that the state could impeach him under OEC 806 if he presented...

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