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STATE v. FOX

89CR2528; CA A63574.

818 P.2d 942 (1991)

109 Or.App. 53

STATE of Oregon, Respondent, v. Michael Del FOX, Appellant.

Court of Appeals of Oregon.

Decided September 25, 1991.

Reconsideration Denied November 27, 1991.

Attorney(s) appearing for the Case

Chris G. Palmer, Coquille, argued the cause and filed the brief for appellant.

Janet A. Klapstein, 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 BUTTLER, P.J., and ROSSMAN and De MUNIZ, JJ.

De MUNIZ, Judge.

Defendant was convicted of attempted sodomy in the first degree, ORS 163.405, kidnapping in the first degree, ORS 163.235, assault in the fourth degree, ORS 163.160, and menacing. ORS 163.190. He appeals his convictions for attempted sodomy in the first degree and kidnapping in the first degree, contending that the trial court erred in denying his motion for acquittal on the charge of kidnapping and in failing to give his requested instruction on...

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