STATE v. GABONIA

A170498.

481 P.3d 412 (2021)

309 Or. App. 342

STATE of Oregon, Plaintiff-Respondent, v. Leo GABONIA, Defendant-Appellant.

Court of Appeals of Oregon.

February 10, 2021.


Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Neil F. Byl , Deputy Public Defender, Office of Public Defense Services, filed the briefs for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Patrick M. Ebbett , Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Shorr, Judge, and Powers, Judge.


Defendant was convicted by jury on two counts of first-degree sodomy (Counts 1 and 2); two counts of first-degree unlawful sexual penetration (Counts 3 and 4); three counts of first-degree sexual abuse (Counts 5, 7, and 8); and one count of luring a minor (Count 9). Defendant argues on appeal that the court erred in instructing the jury that...

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