Court of Appeals of Oregon December 1, 1981, Nos. 80-8-287; 80-8-337; 80-8-338; 80-8-339; 80-8-341, CA A20497 (State v. Kersey)

GILLETTE, P. J.

Defendant appeals his convictions for attempted rape in the first degree (three counts), sexual abuse in the first degree, attempted sodomy in the first degree and sodomy in the first degree. He argues that the court abused its discretion in failing to grant either a dismissal or a mistrial following a discovery violation by the state. See ORS 135.805 to 135.873. We affirm.