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STATE v. CROSS

A158843.

387 P.3d 465 (2016)

282 Or.App. 910

STATE of Oregon, Plaintiff-Respondent, v. Don Eric CROSS, aka Don Eric Cross, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

December 14, 2016.

Attorney(s) appearing for the Case

Ernest G. Lannett , Chief Defender, Criminal Appellate Section, and Emily P. Seltzer , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Susan G. Howe , Assistant Attorney General, filed the brief for respondent.

Before Duncan, Presiding Judge, and DeVore, Judge, and Garrett, Judge.

Defendant was indicted on one count of second-degree sexual abuse, ORS 163.425(1). He appeals from a judgment of conviction for third-degree sexual abuse, ORS 163.415, raising two assignments of error. In his first assignment of error, defendant contends that the trial court erred by instructing the jury on that offense as a lesser-included...

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