STATE v. PHELPS

A158068.

390 P.3d 1123 (2017)

283 Or. App. 723

STATE of Oregon, Plaintiff-Respondent, v. Roy Lawrence PHELPS, Defendant-Appellant.

Court of Appeals of Oregon.

February 15, 2017.


Attorney(s) appearing for the Case

Ernest G. Lannett , Chief Defender, Criminal Appellate Section, and Stephanie J. Hortsch , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Doug M. Petrina , Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Egan, Judge, and Lagesen, Judge.


PER CURIAM

A jury found defendant guilty of three counts of first-degree sexual abuse based on three separate but successive instances of unlawful sexual contact with the victim. The trial court merged the guilty verdicts on Counts 1 and 2 into a single conviction, and entered a separate conviction on Count 3. On appeal, defendant assigns error to the trial court's refusal to give a "weaker and less satisfactory evidence" jury instruction. We reject that assignment...

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