STATE v. BELEN

12C47258; A154000.

369 P.3d 438 (2016)

277 Or. App. 47

STATE of Oregon, Plaintiff-Respondent, v. Mark Anthony BELEN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 16, 2016.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and David O. Ferry , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Erin K. Galli , Assistant Attorney General, filed the brief for respondent.

Before DUNCAN, Presiding Judge, and LAGESEN, Judge, and FLYNN, Judge.


Defendant appeals the trial court's judgment, raising two assignments of error. In his first assignment of error, defendant asserts that the trial court committed plain error by failing to instruct the jury that, in order to convict him of first-degree sodomy, as alleged in Count 1 of the indictment, it had to find that he knowingly...

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