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STATE v. CERVANTES

Nos. 90CR2935; CA A68493.

848 P.2d 118 (1993)

118 Or. App. 429

STATE of Oregon, Respondent, v. Antonio Mendoza CERVANTES, Appellant.

Court of Appeals of Oregon.

Decided March 3, 1993.

Reconsideration Denied May 26, 1993.

Attorney(s) appearing for the Case

Peter Gartlan, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Kaye E. Sunderland, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were David B. Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.

DE MUNIZ, Judge.

Defendant appeals his conviction for rape in the second degree. ORS 163.365(1). He contends that the court erred by denying his motion for judgment of acquittal, because the state failed to present sufficient evidence to establish venue in Coos County. ORS 136.445. We reverse.

Because defendant was convicted by a jury, we state the facts in the light most favorable to the state. State v. McDonnell, 313 Or. 478

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