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STATE v. WIMMER

A174783.

529 P.3d 307 (2023)

325 Or. App. 372

STATE of Oregon, Plaintiff-Respondent, v. Justin Andrew WIMMER, Defendant-Appellant.

Court of Appeals of Oregon.

April 19, 2023.

Attorney(s) appearing for the Case

Francis C. Gieringer , Deputy Public Defender, Hillsboro, argued the cause for appellant. Also on the briefs was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Leigh A. Salmon , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Aoyagi, Presiding Judge, and Joyce, Judge, and Hellman, Judge.

Defendant appeals from a judgment of conviction for private indecency. His conviction stems from an incident in which defendant masturbated in front of his daughter while in a viewing room in an adult sex shop. On appeal, he assigns error to the denial of his motion for judgment of acquittal; in his view, the viewing room was not a place...

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