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STATE v. NYGAARD

A164455.

466 P.3d 692 (2020)

303 Or.App. 793

STATE of Oregon, Plaintiff-Respondent, v. Richard Karl NYGAARD, Defendant-Appellant.

Court of Appeals of Oregon.

April 29, 2020.

Attorney(s) appearing for the Case

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

E. Nani Apo , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

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

Defendant was charged with multiple crimes including first-degree unlawful sexual penetration (Count 7) and attempted first-degree rape (Count 8). As set out in more detail below, the state alleged that defendant committed those crimes "by forcible compulsion." Following a bench trial, the trial court found defendant guilty...

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