State v. Wasson

After trial by jury, defendant appeals from his convictions of attempted rape in the first degree, ORS 161.405 and 163.375(1)(a), and criminal mischief in the second degree, ORS 164.354. We hold that the trial court committed reversible error in allowing the state to elicit testimony from defendant on cross-examination that prior to the attempted rape defendant, while armed with a gun, had entered a Circle K market with the intent to rob the market. We reverse and remand for new trial.

At trial, defendant’s only defense to the charge of attempted rape was renunciation, ORS 161.430(1). That…