STATE v. PAYNE

A166061.

447 P.3d 71 (2019)

298 Or. App. 438

STATE of Oregon, Plaintiff-Respondent, v. Isaiah K. PAYNE, aka Isaiah Khalil, Defendant-Appellant.

Court of Appeals of Oregon.

July 3, 2019.


Attorney(s) appearing for the Case

Sara F. Werboff , Deputy Public Defender, argued the cause for appellant. Also on the brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Rolf C. Moan , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

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


Defendant appeals a judgment of conviction for third-degree sexual abuse. ORS 163.415. He advances a number of assignments of error, all but one of which we reject without discussion. We write to address only his contention that the trial court erred in failing to deliver a witness-false-in-part jury instruction. We conclude that,...

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