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STATE v. VALDOVINOS-MORENO

A174672.

510 P.3d 290 (2022)

319 Or. App. 534

STATE of Oregon, Plaintiff-Respondent, v. Margarito VALDOVINOS-MORENO, Defendant-Appellant.

Court of Appeals of Oregon.

May 11, 2022.

Attorney(s) appearing for the Case

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

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Nicholas C. Greenfield , Assistant Attorney General, filed the brief for respondent.

Before Powers, Presiding Judge, and Lagesen, Chief Judge, and Hellman, Judge.

Defendant appeals from a judgment convicting him of three counts of first-degree rape, ORS 163.375; three counts of first-degree sexual abuse, ORS 163.427; and fourth-degree assault, ORS 163.160(3). In two assignments of error, defendant challenges the trial court's denial of his motion for judgment of acquittal on the fourth-degree assault...

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