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STATE v. MARTINEZ

A178640.

559 P.3d 907 (2024)

335 Or. App. 643

STATE of Oregon, Plaintiff-Respondent, v. Roberto Santiago MARTINEZ, Defendant-Appellant.

Court of Appeals of Oregon.

October 30, 2024.

Attorney(s) appearing for the Case

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

Patrick M. Ebbett, Assistant Attorney General, argued the cause for respondent. On the brief were Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and David B. Thompson, Assistant Attorney General.

Before Ortega, Presiding Judge, Powers, Judge, and Hellman, Judge.

This case is before us for a second time on defendant's appeal from a judgment convicting him of one count of first-degree sexual abuse, ORS 163.427, after a jury found him guilty of fondling the breasts of B, a child under the age of 14. On his first appeal, we held that the trial court erred in admitting, under OEC 404(3), evidence...

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