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STATE v. PENA

CR080124, CR070491; A139776 (Control), A139777.

243 P.3d 1218 (2010)

239 Or. App. 356

STATE of Oregon, Plaintiff-Respondent, v. Jose Damaso PENA, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 8, 2010.

Attorney(s) appearing for the Case

David J. Celuch filed the brief for appellant.

John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Karla H. Ferrall , Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

DUNCAN, J.

This is a criminal case in which defendant appeals the trial court's judgment convicting him of second-degree kidnapping, ORS 163.225, four counts of third-degree sexual abuse, ORS 163.415, and tampering with a witness, ORS 162.285. On appeal, defendant makes two assignments of error. First, he assigns error to the trial court's denial of his motion for judgment of acquittal on the third-degree sexual abuse counts. We reject that assignment without discussion...

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