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STATE v. JENKINS

A154925.

393 P.3d 1184 (2017)

284 Or. App. 567

STATE of Oregon, Plaintiff-Respondent, v. Richard Anthony JENKINS, Defendant-Appellant.

Court of Appeals of Oregon.

March 29, 2017.

Attorney(s) appearing for the Case

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

Peenesh Shah , 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 Garrett, Judge.

Defendant appeals an order denying his motion for DNA testing, arguing that the trial court erroneously concluded that he had not met the requirements set out in ORS 138.692 and, in particular, that he had failed to present a prima facie showing that DNA testing would, assuming exculpatory results, establish his actual innocence...

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