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STATE v. FOX

10040604; A148110.

324 P.3d 608 (2014)

262 Or. App. 473

STATE of Oregon, Plaintiff-Respondent, v. Tim Wayne FOX, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 23, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Zachary Lovett Mazer , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Tim Wayne Fox filed the supplemental brief pro se.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Patrick M. Ebbett , Assistant Attorney General, filed the brief for respondent.

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

SCHUMAN, S.J.

Defendant appeals two of his convictions for sex crimes he committed while he was a recruiter for the Oregon Army National Guard.1 One of his convictions was for attempted first-degree sexual abuse under ORS 163.427(1)(a)(B), which applies only when the perpetrator uses "forcible compulsion." On appeal, defendant argues that, on the undisputed facts, the state did not prove that element. Another conviction was for coercion...

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