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STATE v. ROGERS

A154914.

386 P.3d 666 (2016)

282 Or.App. 888

STATE of Oregon, Plaintiff-Respondent, v. Adam Kyle ROGERS, Defendant-Appellant.

Court of Appeals of Oregon.

December 14, 2016.

Attorney(s) appearing for the Case

Shawn E. Wiley, Chief Deputy Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Ryan P. Kahn, Assistant Attorney General, argued the cause for respondent. On the brief were Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Carolyn Alexander, Assistant Attorney General.

Before Ortega, Presiding Judge, and Lagesen, Judge, and Haselton, Senior Judge.

HASELTON, S.J.

Defendant appeals an order denying his motion for forensic testing pursuant to ORS 138.692 (2007).1 ORS 138.697(1).2 Specifically, defendant contends that, in denying the motion, the trial court erroneously concluded that defendant had failed to "present a prima facie showing that DNA testing of the specified evidence would, assuming exculpatory results, establish [his] actual...

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