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STATE v. HERFURTH

A170610.

478 P.3d 601 (2020)

307 Or. App. 534

STATE of Oregon, Plaintiff-Respondent, v. Jason P. HERFURTH, Defendant-Appellant.

Court of Appeals of Oregon.

November 18, 2020.

Attorney(s) appearing for the Case

Morgen E. Daniels , 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.

Timothy A. Sylwester , 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 Kamins, Judge.

Defendant appeals a judgment of conviction for one count of third-degree rape, ORS 163.355 (Count 3), and eight counts of second-degree sexual abuse, ORS 163.425 (Counts 5 through 12). Although this is the third time the matter is before us on appeal —two previous appeals led to remands...

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