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STATE v. ASHKINS

CC 10C42610; CA A150038; SC S062468.

357 P.3d 490 (2015)

357 Or. 642

STATE of Oregon, Respondent on Review, v. Scott Michael ASHKINS, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided September 11, 2015.

Attorney(s) appearing for the Case

Jason E. Thompson , Ferder, Casebeer, French & Thompson, LLP, Salem, argued the cause and filed the brief for petitioner on review.

Jamie K. Contreras , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Defendant, who was convicted after a jury trial on one count of sodomy, one count of rape, and one count of unlawful sexual penetration, argues that the trial court erred in failing to give his requested jury instruction that ten jurors must agree on what factual occurrence constituted each of the offenses. The Court of Appeals held that...

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