STATE v. HOOVER

No. C090804CR; A144350.

280 P.3d 1061 (2012)

250 Or. App. 504

STATE of Oregon, Plaintiff-Respondent, v. Bradley Lee HOOVER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 20, 2012.


Attorney(s) appearing for the Case

Ryan T. O'Connor , Senior Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Janet A. Klapstein , Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

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


SCHUMAN, P.J.

After a bench trial, defendant was convicted of two counts of sexual abuse in the first degree and one count of first-degree sexual penetration, ORS 163.411(1)(b).1 On appeal, defendant does not contest his convictions for sexual abuse, but asserts that the trial court erred in denying his motion for judgment of acquittal on the count of sexual penetration (Count 2), and contends...

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