State v. Correa-Sanchez

Summary

The Oregon Court of Appeals considered challenges to convictions for sexual offenses and luring a minor. It held that testimony concerning the victim's body language was, at most, ambiguous vouching and therefore did not constitute plain error, and it upheld the denial of acquittal motions as to Counts 7 and 10. The court reversed the convictions on Counts 6 and 11 for insufficient evidence and remanded for resentencing, otherwise affirming.

Holdings

1. The testimony was ambiguous rather than unambiguous vouching, so the trial court did not plainly err by failing to strike it sua sponte.
2. The evidence was sufficient for a rational factfinder to conclude that the communications in Counts 7 and 10 contained an explicit verbal description of sexual conduct.
3. The evidence was insufficient to prove that the communication in Count 6 contained an explicit verbal description of sexual conduct and that the photograph in Count 11 was a visual representation of sexual conduct; the convictions on both counts were reversed.

Questions Presented

1. Whether the trial court plainly erred by failing to strike an investigating officer's testimony that allegedly vouched for C's credibility.
2. Whether the evidence was sufficient to prove that the communications underlying Counts 6, 7, 10, and 11 contained a visual representation or explicit verbal description of sexual conduct under ORS 167.057 and ORS 167.051(3).
3. Whether defendant's challenges to the fines required appellate relief.

Disposition

reversed_and_remanded