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STATE v. WORTH

060532697, A136299.

218 P.3d 166 (2009)

231 Or. App. 69

STATE of Oregon, Plaintiff-Respondent, v. Joseph WORTH, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 30, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Legal Services Division, and Tammy W. Sun, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Rolf C. Moan, Acting Solicitor General, and David B. Thompson, Senior Assistant Attorney General, filed the brief for respondent.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and CARSON, Senior Judge.

BREWER, C.J.

Defendant was convicted of two counts of first-degree kidnapping, ORS 163.235; three counts of first-degree sexual abuse, ORS 163.427; one count of first-degree unlawful sexual penetration, ORS 163.411; and one count of second-degree assault, ORS 163.175.1 On appeal, he raises three assignments of error. First, defendant asserts that the state failed to lay a sufficient foundation for the introduction of DNA evidence at trial...

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