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STATE v. HALTOM

A165666.

447 P.3d 66 (2019)

298 Or. App. 533

STATE of Oregon, Plaintiff-Respondent, v. Austin Ray HALTOM, Defendant-Appellant.

Court of Appeals of Oregon.

July 17, 2019.

Attorney(s) appearing for the Case

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

Michael A. Casper , Assistant Attorney General, Salem, argued the cause for respondent. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Hadlock, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge.

Defendant appeals a judgment of conviction for second-degree sexual abuse, ORS 163.425, asserting that the trial court erred in instructing the jury that it could convict him of that crime if it found that he acted recklessly or negligently with respect to the victim's lack of consent.1 Defendant argues that, for...

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