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STATE v. KERNE

A159923.

410 P.3d 369 (2017)

289 Or. App. 345

STATE of Oregon, Plaintiff-Respondent, v. James Everett KERNE, Defendant-Appellant.

Court of Appeals of Oregon.

December 13, 2017.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Erik Blumenthal , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Shannon T. Reel , Assistant Attorney General, filed the brief for respondent.

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

Defendant appeals from a judgment of conviction for 10 counts of first-degree rape, ORS 163.375, and 10 counts of coercion, ORS 163.275. He seeks reversal of the rape convictions, contending that the trial court plainly erred when it did not instruct the jury that it was required to find that he knowingly subjected the victim to forcible...

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