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STATE v. LEPIERRE

C073028CR; A139110.

232 P.3d 982 (2010)

235 Or. App. 391

STATE of Oregon, Plaintiff-Respondent, v. Vu M. LEPIERRE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 2, 2010.

Attorney(s) appearing for the Case

Erik Blumenthal, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Robert M. Atkinson, Senior Assistant Attorney General, argued the cause for respondent. On the brief were John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Janet A. Metcalf, Assistant Attorney General.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

SCHUMAN, J.

Defendant pleaded guilty to, and was convicted of, two counts of first-degree burglary, two counts of first-degree unlawful sexual penetration, five counts of first-degree sex abuse, and one count of attempted first-degree rape. The convictions were based on defendant's criminal activity after having broken in to a neighbor's apartment. On appeal, he raises six assignments of error. We agree with defendant's arguments with respect to the first assignment...

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