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STATE v. DIGESTI

12FE0233, A152522.

340 P.3d 762 (2014)

267 Or. App. 516

STATE of Oregon, Plaintiff-Respondent, v. Ricky Lee DIGESTI, aka Ricky Lee Digest, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 10, 2014.

Attorney(s) appearing for the Case

Neil Francis Byl , Deputy Public Defender, argued the cause for appellant. With him on the briefs was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Jennifer S. Lloyd , Attorney-in-Charge, argued the cause for respondent. On the answering brief were Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solictor General, and Shannon T. Reel , Assistant Attorney General. With her on the supplemental answering brief were Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General.

Before SERCOMBE, Presiding Judge, and HADLOCK, Judge, and TOOKEY, Judge.

Defendant appeals a judgment of conviction for two counts of sexual abuse in the first degree, (Counts 1 and 2), ORS 163.427,1 raising five assignments of error. We reject without discussion defendant's third and fourth assignments of error. In his first and second assignments of error, defendant argues that...

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