State v. Monsebroten

Defendant appeals his conviction for rape in the first degree. ORS 163.375. His first trial ended in a mistrial, but he was convicted in a second trial. He contends that the trial court erred when it denied his motion for a continuance, refused to allow him to use the prior transcribed testimony of a witness who failed to appear at his retrial, failed to order a mistrial because of a comment made by the prosecutor in his closing argument and refused to give defendant’s requested jury instruction on the credibility of the victim. We affirm.

Defendant called Davis as a witness at the first…