STATE v. CLUVER

CR090533; A146538.

296 P.3d 638 (2013)

255 Or. App. 284

STATE of Oregon, Plaintiff-Respondent, v. Sean Nicholas CLUVER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 13, 2013.


Attorney(s) appearing for the Case

Erin K. Galli argued the cause for appellant. On the brief were Peter Gartlan , Chief Defender, and Jedediah Peterson , Deputy Public Defender, Office of Public Defense Services.

Pamela J. Walsh , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Before ARMSTRONG, Presiding Judge, and DUNCAN, Judge, and BREWER, Judge pro tempore.


BREWER, J. pro tempore.

Defendant appeals from his conviction for first-degree sodomy, ORS 163.405, advancing several assignments of error.1 Because it is dispositive, we address only defendant's assertion that the trial court erred by failing to instruct the jury on the lesser-included offense of second-degree sexual abuse, ORS 163.425.2 Because we conclude that the...

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