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STATE v. SOTO

A174571.

505 P.3d 1107 (2022)

318 Or. App. 233

STATE of Oregon, Plaintiff-Respondent, v. Orrin Kawiki Kealohi SOTO, Defendant-Appellant.

Court of Appeals of Oregon.

March 9, 2022.

Attorney(s) appearing for the Case

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

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

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

Defendant appeals a judgment of conviction for third-degree sexual abuse, acknowledging that we have previously held that lack of consent in third-degree sexual abuse was a circumstance element that required only a mental state of criminal negligence. State v. Wier, 260 Or.App. 341, 353, ...

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