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STATE v. BERRY

200815811; A148692.

322 P.3d 607 (2014)

261 Or. App. 824

STATE of Oregon, Plaintiff-Respondent, v. Matthew Blake BERRY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 26, 2014.

Attorney(s) appearing for the Case

Bear Wilner-Nugent argued the cause and filed the briefs for appellant.

Jamie K. Contreras , Senior Assistant Attorney General, argued the cause for respondent. With her on the briefs were Mary H. Williams , Deputy Attorney General, and Anna M. Joyce , Solicitor General.

Before DUNCAN, Presiding Judge, and GARRETT, Judge, and SCHUMAN, Senior Judge.

GARRETT, J.

Defendant appeals from a judgment of conviction following a jury trial. The jury convicted defendant on one count of rape in the second degree, ORS 163.365, and two counts of sexual abuse in the first degree, ORS 163.427. That was defendant's second trial on those charges; we reversed and remanded his earlier judgment of conviction because of an error in the jury instructions. State v. Berry, 238 Or.App. 277

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