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STATE v. PENNINGTON

91-474; CA A71770.

852 P.2d 900 (1993)

120 Or. App. 360

STATE of Oregon, Respondent, v. Donald James PENNINGTON, Appellant.

Court of Appeals of Oregon.

Decided May 19, 1993.

Review Denied August 24, 1993.

Attorney(s) appearing for the Case

Wayne Mackeson, Portland, argued the cause for appellant. With him on the brief was Des Connall, P.C.

Janie M. Burcart, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before RICHARDSON, C.J., and DEITS and DURHAM, JJ.

DEITS, Judge.

Defendant appeals his conviction for first degree rape. ORS 163.375. He assigns error to the trial court's denial of his motion for judgment of acquittal and asks us to reverse and remand for resentencing, with instructions to enter a conviction for either incest or third degree rape. We affirm.

Defendant was charged in a ten-count indictment with two counts of first degree sodomy, ORS 163.405, first degree rape, ORS 163.375, two counts of second...

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