State v. Fitch

Defendant appeals the judgment of conviction, based on a jury verdict, of two counts of sexual abuse in the first degree, ORS 163.425(1). Count one of the indictment alleged that defendant touched the breasts of "C.W.” a person under the age of 12 years. Count two alleged that at the same time and place defendant touched the vagina of "C.W.” A sentence was imposed on each count of the indictment. Defendant contends that certain testimony was improperly admitted and that the two counts should have been merged for sentencing.

From the evidence, the jury would be entitled to find that the…