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STATE v. PAULEY

CR0300333; A125151.

156 P.3d 128 (2007)

211 Or. App. 674

STATE of Oregon, Plaintiff-Respondent, v. William Howard PAULEY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 4, 2007.

Attorney(s) appearing for the Case

Peter Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Stephanie Hortsch, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Elizabeth A. Gordon, Assistant Attorney General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and ARMSTRONG and WOLLHEIM, Judges.

WOLLHEIM, J.

Defendant appeals a judgment of conviction for attempted sexual abuse in the first degree. ORS 163.427. He argues that, under State v. Boots, 308 Or. 371, 780 P.2d 725 (1989), cert. den., 510 U.S. 1013, 114 S.Ct. 606, 126 L.Ed.2d 571 (1993), the trial court erred in failing to instruct the jury that 10 or more jurors must concur on the factual instance of attempted sexual...

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