State v. Fears

Defendant appeals his conviction, after trial to a jury, of rape in the first degree. ORS 163.375. He asserts that the trial court erred in admitting, as rebutting defendant’s claim of consent, evidence of a prior alleged sex offense and in admitting evidence of a prior conviction. Defendant also contends that the trial court erred, in the sentencing stage of this criminal proceeding, by privately conferring, without notice to defendant, with the manager of the Client Diagnostic Center. We affirm the conviction but remand for resentencing.

The issues in this case require a detailed discussion…