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STATE v. SCHILLER-MUNNEMAN

11CR0002; A152061.

346 P.3d 636 (2015)

270 Or. App. 22

STATE of Oregon, Plaintiff-Respondent, v. Justin James SCHILLER-MUNNEMAN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 25, 2015.

Attorney(s) appearing for the Case

Anne K. Fujita Munsey , Senior Deputy Public Defender, argued the cause for appellant. On the brief were Peter Gartlan , Chief Defender, and Susan Fair Drake , Senior Deputy Public Defender, Office of Public Defense Services.

Peenesh Shah , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

Defendant appeals a judgment convicting him of first-degree rape, ORS 163.375, raising three assignments of error. At defendant's trial, over defendant's objection, the trial court allowed the state to discuss and introduce evidence of text messages that the victim sent to defendant at the police's request, as well as defendant's nonresponse...

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