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STATE v. CLAY

A173920.

501 P.3d 98 (2021)

316 Or. App. 268

STATE of Oregon, Plaintiff-Respondent, v. Randy Kent CLAY, Defendant-Appellant.

Court of Appeals of Oregon.

December 8, 2021.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Shawn Wiley , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

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

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

Defendant was initially convicted on two counts of first-degree sexual abuse, ORS 163.427, two counts of using a child in a display of sexually explicit conduct, ORS 163.670, and one count of third-degree sexual abuse, ORS 163.415. In his original appeal, he successfully argued that the trial court erred in failing to acquit him on the counts...

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