State v. Cruz-Rojas

Defendant appeals a judgment convicting him of four counts of first-degree rape, ORS 163.375; four counts of first-degree sexual abuse, ORS 163.427; one count of first-degree sodomy, ORS 163.405; and three counts of fourth-degree assault, ORS 163.160. Defendant assigns error to the trial court’s denial of his pretrial motion to exclude evidence of his physical and sexual abuse of the victim’s older sister, T. In particular, the trial court ruled, based on our decision in State v. Leistiko, 240 Or App 338, 246 P3d 82 (2011), rev’d in part and aff'd in part, 352 Or 172, 282 P3d 857, adh’d to as…