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STATE v. EASTMAN

A156868.

385 P.3d 1182 (2016)

282 Or.App. 563

STATE of Oregon, Plaintiff-Respondent, v. Michael Allen EASTMAN, Defendant-Appellant.

Court of Appeals of Oregon.

November 30, 2016.

Attorney(s) appearing for the Case

Bear Wilner-Nugent, Portland, argued the cause and filed the briefs for appellant.

Michael A. Casper, Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum, Attorney General, and Paul L. Smith, Deputy Solicitor General.

Before Ortega, Presiding Judge, and Lagesen, Judge, and Garrett, Judge.

GARRETT, J.

Defendant was convicted of three counts of first-degree rape, ORS 163.375 (Counts 1, 2, and 3), and one count of first-degree kidnapping, ORS 163.235 (Count 4). Defendant appeals his judgment of conviction on a number of grounds. Defendant first contends that the trial court erred in denying his motion for judgment of acquittal (MJOA) on two of the three counts of rape because the evidence at trial supported a guilty verdict on only...

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