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STATE v. MAGEL

07C43354; A141155.

268 P.3d 666 (2011)

246 Or. App. 725

STATE of Oregon, Plaintiff-Respondent, v. Jack James MAGEL, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 7, 2011.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Eric Johansen , Senior Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, David B. Thompson , Interim Solicitor General, and Tiffany Keast , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

ORTEGA, P.J.

Defendant appeals a judgment of conviction for first-degree rape, ORS 163.375, second-degree rape, ORS 163.365, and first-degree sexual abuse, ORS 163.427. We reject without discussion defendant's second assignment of error, challenging his Measure 11 sentences on constitutional grounds,1 and write only to address his contention that the trial court erred in denying his motion for judgment of acquittal on the charge of first...

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