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STATE v. GUCKERT

09CR1355FE; A147795.

316 P.3d 373 (2013)

260 Or. App. 50

STATE of Oregon, Plaintiff-Respondent, v. Jerid Nicholas GUCKERT, Defendant-Appellant.

Court of Appeals of Oregon.

Filed December 18, 2013.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Susan F. Drake , Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Susan G. Howe , Senior Assistant Attorney General, filed the brief for respondent.

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

SCHUMAN, P.J.

Defendant was charged with sexual abuse in the first degree, ORS 163.427.1 The indictment specified that he subjected S.W., "a person who was physically helpless, to sexual contact by touching her vagina, a sexual or intimate part." He was convicted after a jury trial. On appeal, he assigns error to the trial court's denial of his motion for a judgment of acquittal (MJOA), arguing that, while evidence supports the inference...

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