STATE v. HOOPER

A169210.

487 P.3d 428 (2021)

310 Or. App. 715

STATE of Oregon, Plaintiff-Respondent, v. Shawn Lee HOOPER, Defendant-Appellant.

Court of Appeals of Oregon.

April 21, 2021.


Attorney(s) appearing for the Case

Marc D. Brown , 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.

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

Before Armstrong, Presiding Judge, and Tookey, Judge, and Hadlock, Judge pro tempore.


Defendant appeals from a judgment of conviction for first-degree rape, ORS 163.375 (Count 1).1 Defendant argues that the trial court plainly erred when it failed to instruct the jury that, to convict him, the state had to prove that defendant had a culpable mental state when he engaged in sexual intercourse...

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