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STATE v. ANDERSON

120342710; A152945.

332 P.3d 368 (2014)

264 Or. App. 459

STATE of Oregon, Plaintiff-Respondent, v. Bragonia Montle ANDERSON, aka Bragonia Martel Anderson, aka Bragonia Montel Anderson, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 30, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Jedediah Peterson , Deputy Public Defender, Office of Public Defense Services, filed the opening brief for appellant. On the reply brief were Peter Gartlan , Chief Defender, and Meredith Allen , Senior Deputy Public Defender.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Jeremy C. Rice , Assistant Attorney General, filed the brief for respondent.

Before DEVORE, Presiding Judge, and HASELTON, Chief Judge, and GARRETT, Judge.

GARRETT, J.

A jury convicted defendant of one count of sexual abuse in the third degree, ORS 163.415. Defendant approached a stranger on a MAX train in Portland and repeatedly groped her, including her genital area. At trial, defendant requested a special jury instruction, arguing that a "knowing mens rea ought to attach" to the "lack of consent" element of the crime.1 The trial court declined to give that instruction. On appeal...

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