State v. Bautista

Defendant appeals, challenging his convictions for one count of first-degree sodomy, ORS 163.405, and two counts of first-degree sexual abuse, ORS 163.427, following a second jury trial. Most significantly — and dispositively— for our review, defendant contends in his first assignment of error that the trial court erred in admitting, as prior consistent testimony, OEC 801(4)(a)(B), evidence of the complainant’s testimony before the grand jury, as well as excerpts of the complainant’s testimony during the first trial (which ended in a mistrial). We conclude that the trial court so erred and…