STATE v. HERNANDEZ

08FE1636AB; A144697.

300 P.3d 261 (2013)

256 Or. App. 363

STATE of Oregon, Plaintiff-Respondent, v. Robert Anthony HERNANDEZ, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 24, 2013.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Neil F. Byl , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Leigh A. Salmon , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and EDMONDS, Senior Judge.


ORTEGA, P.J.

Following a jury trial, defendant was convicted of five counts of sodomy in the first degree, ORS 163.405, and five counts of sexual abuse in the first degree, ORS 163.427. On appeal, defendant raises multiple assignments of error. We write only to address defendant's contention that the trial court erred in denying his motion for judgment of acquittal on all five counts of first-degree sexual abuse and reject defendant's other assignments of error without...

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