State v. Deck

Defendant appeals his conviction for sexual abuse in the second degree, a Class A misdemeanor. ORS 163.415.1 He argues that the court erred in denying his motion for judgment of acquittal, in improperly instructing the jury and in admitting hearsay evidence at sentencing. We affirm the conviction but vacate the sentence and remand for resentencing.

On October 1, 1984, the victim’s mother called the police and informed them that her daughter, age 13, had told her that she had been sexually abused by defendant on March 9, 1984. Defendant was arrested and charged with sexual abuse in the second…