STATE v. FORTUNE

10-89-01127; CA A66801.

828 P.2d 483 (1992)

112 Or. App. 247

STATE of Oregon, Appellant, v. Mark FORTUNE, Respondent.

Court of Appeals of Oregon.

Decided April 1, 1992.


Attorney(s) appearing for the Case

Michael C. Livingston, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

David K. Allen, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender, Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.


RIGGS, Judge.

Defendant was charged with rape in the first degree. ORS 163.375. The first trial resulted in a hung jury. During a recess in the second trial, the alleged victim told her mother that her father and grandfather had also molested her. Even though multiple molestations were potentially inconsistent with the medical evidence, the prosecutor did not disclose the information to defendant, because he believed that it was irrelevant and, even if relevant, that...

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