State v. Hollywood

Defendant appeals his convictions for first degree rape, attempted rape and first degree sexual abuse. He contends that: (1) the court erred in admitting testimony about out-of-court statements of the four-year-old victim; (2) there was insufficient evidence to sustain the conviction for rape and attempted rape; and (3) the minimum sentence imposed pursuant to ORS 144.110(1) is unconstitutional. We affirm.

On April 27,1982, Joan Johnson was with her granddaughter, the victim, when the child said, “Doc [her mother’s boyfriend] hit me there.” The child did not say exactly where she hurt, and…