STATE v. MILLER

A173375.

492 P.3d 1291 (2021)

313 Or. App. 800

STATE of Oregon, Plaintiff-Respondent, v. John William MILLER III, Defendant-Appellant.

Court of Appeals of Oregon.

August 11, 2021.


Attorney(s) appearing for the Case

George W. Kelly filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Julia Glick , Assistant Attorney General, filed the brief for respondent.

Before Lagesen, Presiding Judge, and James, Judge, and Kamins, Judge.


PER CURIAM

Defendant appeals a judgment of conviction for five counts of first-degree sexual abuse, ORS 163.427. Defendant's case was tried to a jury, and that jury did not reach unanimity on any of the five counts of conviction.

Defendant first assigns error to the denial of his motion for judgment of acquittal on Counts 2, 3, and 5, contending that the evidence was not legally sufficient to allow a finding that defendant touched what qualified as...

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