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STATE v. DAVILLA

A165390.

462 P.3d 748 (2020)

302 Or. App. 742

STATE of Oregon, Plaintiff-Respondent, v. Todd Daniel DAVILLA, Defendant-Appellant.

Court of Appeals of Oregon.

March 11, 2020.

Attorney(s) appearing for the Case

Kendra M. Matthews , Portland, argued the cause for appellant. Also on the briefs was Boise Matthews LLP.

Timothy A. Sylwester , Assistant Attorney General, argued the cause for respondent. Also on the brief were Frederick M. Boss , Deputy Attorney General, and Benjamin Gutman , Solicitor General.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

This case has a long history. Defendant appeals a Fifth Amended Judgment of conviction for one count each of murder, ORS 163.115, first-degree burglary, ORS 164.225, and attempted first-degree rape, ORS 163.375; ORS 161.405, that was entered following his most recent resentencing in 2017. We write only to address defendant's fifth assignment...

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