State v. Lowell

*365ORTEGA, P. J.

Following a jury trial, defendant was convicted of third-degree rape. ORS 163.355.1 He appeals, arguing that the trial court erred in permitting the investigating detective to comment on the credibility of defendant and the complainant. We agree with defendant that the trial court plainly erred and that it is appropriate to exercise our discretion to correct the error.2 Accordingly, we reverse and remand.

The case arises out of allegations that defendant, who was 23 at the time of the alleged incident, engaged in consensual sexual intercourse with the complainant, who was 14 years…