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STATE v. TERRY

A165366.

482 P.3d 105 (2021)

309 Or. App. 459

STATE of Oregon, Plaintiff-Respondent, v. Richard Dean TERRY, Defendant-Appellant.

Court of Appeals of Oregon.

March 3, 2021.

Attorney(s) appearing for the Case

David O. Ferry, Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Rebecca M. Auten, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before Lagesen, Presiding Judge, and DeVore, Judge, and Powers, Judge.

Defendant appeals a judgment of conviction for two counts of first-degree sexual abuse, ORS 163.427. He assigns error to the trial court's decision to admit evidence of uncharged misconduct under OEC 404(3) and (4) and OEC 403. He contends that the trial court legally erred when it determined that the evidence was relevant for a non...

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