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STATE v. SIMMONS

A151636.

379 P.3d 580 (2016)

279 Or. App. 756

STATE of Oregon, Plaintiff-Respondent, v. William Frank SIMMONS, Defendant-Appellant.

Court of Appeals of Oregon.

July 27, 2016.

Attorney(s) appearing for the Case

Erica Herb , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Rolf C. Moan , 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 Hadlock, Chief Judge, and Armstrong, Ortega, Sercombe, Duncan, Egan, DeVore, Tookey, Garrett, Flynn, DeHoog, Shorr, and Edmonds, Judges.

Defendant appeals a judgment of conviction for the lesser included offense of first-degree manslaughter, ORS 163.118(1)(a), after a jury trial.1 On appeal, he assigns as error the denial of his motions for a judgment of acquittal. We affirm.

Defendant was indicted in 2010. The 15-year-old victim...

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