SCHWAB, Chief Judge.
Defendant appeals from his conviction of first-degree rape, ORS 163.375(1)(c), and the resulting sentence.
Defendant was charged with having engaged in sexual intercourse with his daughter, who was at the time under the age of 16. He contends that the trial court erred in failing to order, on its own motion, a judgment of acquittal, arguing that there was no evidence of penetration. His daughter testified:
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