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STATE v. BARTEAUX

No. 020533162; A120506.

157 P.3d 225 (2007)

212 Or. App. 118

STATE of Oregon, Plaintiff-Respondent, v. Mervin BARTEAUX, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 11, 2007.

Attorney(s) appearing for the Case

Louis R. Miles, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Kaye McDonald argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

Defendant was convicted by a jury of multiple counts of sodomy in the first degree, ORS 163.405(1)(d), unlawful sexual penetration in the first degree, ORS 163.411(1)(c), and sexual abuse in the first degree, ORS 163.427(1)(a)(C). Each count of the indictment alleged that the victim was incapable of consent by reason of mental defect. Defendant argues that there was insufficient evidence of the incapacity to consent. See ORS 163.315(1)(b); ORS...

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