STATE v. BENSON

A168977.

483 P.3d 689 (2021)

309 Or. App. 422

STATE of Oregon, Plaintiff-Respondent, v. John Virgil BENSON, Defendant-Appellant.

Court of Appeals of Oregon.

February 24, 2021.


Attorney(s) appearing for the Case

Kali Montague , 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.

Doug M. Petrina , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

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


After being notified that defendant had sexually assaulted B, the police opened an investigation and then stopped investigating for about seven years and seven months before resuming. Eventually, a grand jury indicted defendant with first-degree rape (ORS 163.375), second-degree sexual abuse (ORS 163.425), and attempted first-degree...

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