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STATE v. MARTIN

C052083CR; A131522.

203 P.3d 220 (2009)

226 Or. App. 199

STATE of Oregon, Plaintiff-Respondent, v. Emmett Woodrow MARTIN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 25, 2009.

Attorney(s) appearing for the Case

Timothy M. Bowman argued the cause and filed the brief for appellant.

Christina M. Hutchins, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

ORTEGA, J.

Defendant was convicted of two counts of sexual abuse in the first degree. ORS 163.427. His sole assignment of error on appeal is that the trial court erred in denying his motion, made pursuant to OEC 412, to allow evidence of the victim's prior allegations of sexual abuse by others.1 We reverse and remand.

We take the following facts from the record. Defendant was a friend of the 10-year-old victim's grandfather. Because...

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