State v. Quiring

Following a trial to the court, defendant was convicted of three counts of Sexual Abuse in the First Degree, ORS 163.425. He moved for a new trial, based on the discovery of new evidence, ORS 17.610(4),1 and, after the denial of that motion, moved for reconsideration, claiming he had been denied due process by an alleged suppression of the same evidence by the state. Defendant appeals, assigning as error the denial of both of these motions.2 We affirm.

ORS 163.425 provides in relevant part:

"(1) A person commits the crime of sexual abuse in the first degree when he subjects another person to…