STATE v. FEARS

C 83-03-31237; CA A29310.

688 P.2d 88 (1984)

69 Or.App. 606

STATE of Oregon, Respondent, v. Charles Lavern FEARS, Appellant.

Court of Appeals of Oregon.

Decided September 5, 1984.

Reconsideration Denied October 19, 1984.

Review Denied November 20, 1984.


Attorney(s) appearing for the Case

Timothy P. Alexander, Beaverton, argued the cause for appellant. With him on the brief was Myatt, Bell & Alexander, Beaverton.

Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., JOSEPH, C.J., and YOUNG, J.


GILLETTE, Presiding Judge.

Defendant appeals his conviction, after trial to a jury, of rape in the first degree. ORS 163.375. He asserts that the trial court erred in admitting, as rebutting defendant's claim of consent, evidence of a prior alleged sex offense and in admitting evidence of a prior conviction. Defendant also contends that the trial court erred, in the sentencing stage of this criminal proceeding, by privately conferring, without notice to defendant...

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