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STATE v. ABRAHAM

C88-04-31900; CA A49991.

794 P.2d 809 (1990)

102 Or.App. 369

STATE of Oregon, Respondent, v. Dwayne Edward ABRAHAM, Appellant.

Court of Appeals of Oregon.

Reconsideration Denied September 5, 1990.

Decided July 5, 1990.

Attorney(s) appearing for the Case

Lawrence J. Hall, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Acting Public Defender, Salem.

Ann Kelley, 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 RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

DEITS, Judge.

Defendant appeals his conviction for rape in the first degree. ORS 163.375(1). He assigns as error the trial court's denial of his request to instruct the jury on second degree sexual abuse, ORS 163.415(1), a lesser included offense. We affirm.1

In February, 1988, defendant and Haley, the victim's boyfriend, phoned her and asked for cash to bail Haley out of jail. She agreed, and defendant went to her apartment to...

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