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STATE v. GERIG

A166194.

444 P.3d 1145 (2019)

297 Or. App. 884

STATE of Oregon, Plaintiff-Respondent, v. Christopher Michael GERIG, Defendant-Appellant.

Court of Appeals of Oregon.

June 5, 2019.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Erica Herb , Deputy Public Defender, Office of Public Defense Services, filed the opening brief for appellant. On a supplemental brief were Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Erik Blumenthal , Deputy Public Defender. Christopher Michael Gerig filed the reply brief and a supplemental brief pro se.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Michael A. Casper , Assistant Attorney General, filed the briefs for respondent.

Before Lagesen, Presiding Judge, and James, Judge, and Landau, Senior Judge.

Defendant appeals his convictions for first-degree rape, ORS 163.375, and first-degree sexual abuse, ORS 163.427. The conduct underlying the convictions occurred at a party, while the victim was intoxicated. We affirm.

Defendant argues in his first two assignments of error that the trial court plainly erred by not instructing the jury...

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