State v. Nelson

Following a reversal and remand of defendant’s convictions for first-degree sexual abuse and first-degree rape in State v. Nelson, 241 Or App 681, 251 P3d 240 (2011), rev dismissed as improvidently allowed, 354 Or 62 (2012), a jury found defendant guilty on retrial of two counts of first-degree sexual abuse, one count of third-degree sexual abuse, and one count of first-degree rape.1 He appeals, challenging the convictions entered on each of those counts. First, he asserts that the state failed to prove that a witness who testified at his first trial was “unavailable” to testify at his second…