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STATE v. DYE

A155696.

401 P.3d 243 (2017)

286 Or.App. 626

STATE of Oregon, Plaintiff-Respondent, v. Travis Shayne DYE, Defendant-Appellant.

Court of Appeals of Oregon.

July 6, 2017.

Attorney(s) appearing for the Case

Mary M. Reese, Deputy Public Defender, argued the cause for appellant. With her on the opening brief was Peter Gartlan, Chief Defender, Office of Public Defense Services. With her on the reply brief was Ernest G. Lannet, Chief Defender, Criminal Appellate Section.

Andrew M. Lavin, 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.

Steven T. Wax, Janis C. Puracal, Aliza B. Kaplan, and Oregon Innocence Project and Michael R. Levine, Matthew G. McHenry, and Levine & McHenry LLC filed the briefs amicus curiae for Oregon Innocence Project.

Before DeVore, Presiding Judge, and Garrett, Judge, and Duncan, Judge pro tempore.

Defendant appeals a judgment of conviction on one count of first-degree unlawful sexual penetration, ORS 163.411, for which he received the presumptive sentence of 25 years' imprisonment, ORS 137.700(2)(b)(F). On appeal, defendant argues that the trial court erroneously excluded his proffered expert testimony regarding false...

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