State v. Hayes

Defendant appeals convictions on four counts of sodomy in the first degree. ORS 163.405. He contends that the court erred in allowing the state to present rebuttal evidence of other acts of sexual abuse. He also contends that the court erred by imposing restitution and consecutive sentences.

The four sodomy counts involved one of defendant’s granddaughters. She was 16 years old at the time of trial and testified that defendant had sexually abused her for several years. She testified in detail about the four separate acts. Before and during trial, defendant moved to exclude any evidence about…