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STATE v. CLABORN

03010117; A139060.

240 P.3d 66 (2010)

237 Or. App. 488

STATE of Oregon, Plaintiff-Respondent, v. Melvin Eugene CLABORN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 29, 2010.

Attorney(s) appearing for the Case

Jesse Wm. Barton , Salem, argued the cause and filed the brief for appellant.

Karla Ferrall , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

SCHUMAN, P.J.

Defendant was tried to a jury and convicted of second-degree kidnapping, ORS 163.225; first-degree sexual abuse, ORS 163.427; fourth-degree assault, ORS 163.160; and third-degree sexual abuse, ORS 163.415. The third-degree sexual abuse conviction was merged with the first-degree sexual abuse conviction. On the kidnapping conviction, defendant was sentenced to 70 months' imprisonment and a three-year term of post-prison supervision (PPS). On the merged...

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