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STATE v. MOFFITT

89-0721; CA A62661.

801 P.2d 855 (1990)

104 Or.App. 340

STATE of Oregon, Respondent, v. David W. MOFFITT, Appellant.

Court of Appeals of Oregon.

Decided November 21, 1990.

Attorney(s) appearing for the Case

Michael D. Walsh, West Linn, argued the cause for appellant. With him on the brief was Hutchison, Hammond, Walsh, Herndon & Darling, P.C., West Linn.

Ann Kelley, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

Defendant was charged with sodomy in the first degree and official misconduct in the first degree. ORS 162.415. In a trial to the court, he was acquitted of sodomy and convicted of official misconduct. He appeals. He contends that the verdicts are inconsistent and that the facts in his indictment for official misconduct do not state a crime; he also challenges the factual basis for his conviction. We affirm.

On August 6, 1989, defendant...

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