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STATE v. HIGGINS

92C20855 and 92C21457; CA A82564 (Control) and CA A82565.

902 P.2d 612 (1995)

136 Or. App. 590

STATE of Oregon, Respondent, v. Arthur Edward HIGGINS, Appellant.

Court of Appeals of Oregon.

Decided September 13, 1995.

Attorney(s) appearing for the Case

James N. Varner, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Ann F. Kelley, Assistant Attorney General, argued the cause for respondent. On the brief were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Katherine H. Waldo, Assistant Attorney General.

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

EDMONDS, Judge.

This appeal involves two cases consolidated for purposes of trial and appeal. In CA A82564, defendant appeals convictions for three counts of sodomy in the first degree, ORS 163.405, and two counts of sexual abuse in the first degree, ORS 163.427, involving two victims, J. and M. In CA A82565, defendant appeals convictions for two counts of sexual abuse in the first degree, ORS 163.427, involving victim J.R. We reverse.

In February 1992, Officer...

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