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STATE v. FERRARO

201027964; A149092.

331 P.3d 1086 (2014)

264 Or. App. 271

STATE of Oregon, Plaintiff-Respondent, v. Joseph Dominic FERRARO, aka Joseph Domonic Ferraro, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 16, 2014.

Attorney(s) appearing for the Case

Anne Fujita Munsey , Senior Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services. Joseph Dominic Ferraro filed the supplemental brief pro se.

David B. Thompson , Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

NAKAMOTO, J.

Defendant, who was convicted of second-degree sexual abuse, ORS 163.425, and third-degree sodomy, ORS 163.385, argues that the trial court abused its discretion in denying his motion to postpone trial and erred in excluding evidence concerning conduct by his girlfriend, the victim's mother, as not relevant under OEC 401. He also asserts that nonunanimous jury verdicts are unconstitutional, an argument that has been rejected by this court in numerous cases...

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