State v. Young

Defendant appeals his conviction for sodomy in the third degree. ORS 163.385. The indictment charged that defendant engaged in deviant sexual intercourse with a person under the age of 16. Defendant assigns as error that, after finding that defendant had committed a discovery violation, the court suppressed a tape recording and transcripts of the tape of a telephone conversation between the victim and defendant’s son which occurred after the alleged offense. See ORS 135.835; ORS 135.845; ORS 135.865. 1 We affirm.

Five days before the trial began, defense counsel gave the state a list of…