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STATE v. MURPHY

A170011.

478 P.3d 1018 (2020)

307 Or.App. 844

STATE of Oregon, Plaintiff-Respondent, v. Tyrone Neil MURPHY, Defendant-Appellant.

Court of Appeals of Oregon.

December 9, 2020.

Attorney(s) appearing for the Case

Andrew D. Robinson , 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.

Jordan R. Silk , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before DeVore, Presiding Judge, and DeHoog, Judge, and Mooney, Judge.

Defendant was convicted of first-degree sodomy, ORS 163.405, second-degree sexual abuse, ORS 163.425, and first-degree rape, ORS 163.375. The state had charged defendant with five counts of first-degree sodomy (Counts 1 through 3, 7, and 8), four counts of second-degree sexual abuse (Counts 4 through 6 and 11), and two counts of firstdegree...

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