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STATE v. PRIESTER

A173289.

530 P.3d 118 (2023)

325 Or. App. 574

STATE of Oregon, Plaintiff-Respondent, v. Kyrii Rashad PRIESTER, Defendant-Appellant.

Court of Appeals of Oregon.

April 26, 2023.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Sara F. Werboff , Deputy Public Defender, Office of Public Defense Services, filed the briefs for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, Salem, and Christopher A. Perdue , Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Powers, Judge, and Hellman, Judge.

Following a bench trial, defendant was convicted of, among other things, attempted first-degree rape, ORS 161.405 and ORS 163.375. On appeal from the judgment of conviction, he raises three assignments of error. First, he contends that the trial court erred when it denied his motion for a judgment of acquittal on Count 1, attempted first...

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