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STATE v. SMITH

C88-06-33824; CA A60718.

791 P.2d 500 (1990)

101 Or.App. 483

STATE of Oregon, Respondent, v. Donald C. SMITH, Appellant.

Court of Appeals of Oregon.

Decided May 2, 1990.

Attorney(s) appearing for the Case

Martin W. Reeves, Portland, argued the cause and filed the brief for appellant.

Katherine H. Waldo, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

GRABER, Presiding Judge.

Defendant was charged with rape in the first degree, ORS 163.375, sodomy in the first degree, ORS 163.405, and kidnapping in the first and second degrees. ORS 163.235; ORS 163.225. The jury acquitted him of sodomy and kidnapping but convicted him of rape. He appeals, and we affirm.

The charges arose from events that occurred on the evening of January 26 and the morning of January 27, 1988...

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