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STATE v. CAZARES

No. 79-1006-C-3; CA 15325, No. 79-1007-C-3; CA 15290.

606 P.2d 688 (1980)

44 Or.App. 621

STATE of Oregon, Respondent, v. Francisco Juarez CAZARES, Appellant.

Court of Appeals of Oregon.

Decided February 19, 1980.

Attorney(s) appearing for the Case

Marilyn C. McManus, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Christian W. Van Dyke, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.

JOSEPH, Presiding Judge.

Defendant was indicted separately for kidnapping in the second degree and attempted rape. After trial to the court defendant was convicted of both crimes. The sole assignment of error is the court's denial of defendant's motion for judgment of acquittal on the kidnapping charge, which was based solely on contentions that the asportation element of the kidnapping charge was de minimis and that the alleged kidnapping was incidental to...

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