State v. Harvey

Defendant was convicted of two counts of rape in the first degree, ORS 163.375, and two counts of sodomy in the first degree, ORS 163.405, for forcibly compelling his 14-year old son and 11-year old stepdaughter to engage in sexual acts with each other. The court merged the sodomy convictions into the rape convictions charged in the same indictment for purposes of sentencing and sentenced defendant on the two convictions for rape in the first degree. He appeals both convictions.

Defendant first contends that the trial court erred by admitting evidence of a prior bad act, specifically an…