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STATE v. CARTER

993803DFE; A111196.

64 P.3d 582 (2003)

186 Or. App. 678

STATE of Oregon, Respondent, v. Johnny Lee CARTER, aka John Doe, # 3, Appellant.

Court of Appeals of Oregon.

Decided March 6, 2003.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief for appellant.

David J. Amesbury, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and KISTLER and BREWER, Judges.

PER CURIAM.

Defendant appeals from convictions for three counts of rape in the second degree, ORS 163.365, and one count of unlawful sexual penetration in the second degree, ORS 163.408. On appeal, defendant first argues that the trial court denied him his constitutional right to a grand jury indictment when it amended the indictment at arraignment by substituting his name for the name "John Doe" without referring the indictment...

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