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STATE v. SEARS

J83-1990; CA A31134.

689 P.2d 1324 (1984)

70 Or.App. 537

STATE of Oregon, Respondent, v. Jerry Lee SEARS, Appellant.

Court of Appeals of Oregon.

Decided October 31, 1984.

Attorney(s) appearing for the Case

Richard A. Cremer, Asst. Public Defender, Roseburg, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

In this criminal case, defendant was charged by indictment with one count each of the offenses of attempted rape in the first degree and sexual abuse in the first degree. The trial judge took the attempted rape charge from the jury and, instead, instructed the jury on sexual abuse in the first and second degrees. The jury found defendant guilty of two counts of sexual abuse in the second degree. Defendant appeals, assigning as error the...

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