STATE v. GILBREATH

A170579.

489 P.3d 144 (2021)

310 Or. App. 724

STATE of Oregon, Plaintiff-Respondent, v. John Patrick GILBREATH, Defendant-Appellant.

Court of Appeals of Oregon.

April 21, 2021.


Attorney(s) appearing for the Case

Jedediah Peterson and O'Connor Weber LLC filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Christopher A. Perdue , Assistant Attorney General, filed the brief for respondent.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Aoyagi, Judge.


Defendant was convicted of first-degree unlawful sexual penetration, ORS 163.411 (Count 1), for digitally penetrating the vagina of three-year-old victim, S, while applying diaper cream. On appeal, defendant advances two assignments of error: (1) that the trial court erred when it denied defendant's motion for judgment of acquittal on...

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