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STATE v. SERAFIN

07P51207; A139214.

249 P.3d 160 (2011)

241 Or. App. 239

STATE of Oregon, Plaintiff-Respondent, v. Adam M. SERAFIN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 2, 2011.

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.

Samuel A. Kubernick , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and EDMONDS, Senior Judge.

ARMSTRONG, J.

Defendant appeals a judgment of conviction for third-degree sexual abuse, ORS 163.415, private indecency, ORS 163.467, and harassment, ORS 166.065. He challenges on appeal only his sexual abuse conviction, arguing that he was entitled to a judgment of acquittal on the charge. We agree with defendant and, accordingly, reverse his conviction on that charge.

Because our review concerns the denial of a judgment of acquittal, we state the facts in...

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