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STATE v. SIMONS

CM0420445; A125571.

167 P.3d 476 (2007)

214 Or. App. 675

STATE of Oregon, Plaintiff-Respondent, v. Michael Scott SIMONS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 5, 2007.

Attorney(s) appearing for the Case

Bronson D. James, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Kaye Ellen McDonald, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

ROSENBLUM, J.

Defendant, a nursing assistant in a hospital, was convicted of one count of rape in the first degree, ORS 163.375, two counts of sodomy in the first degree, ORS 163.405, seven counts of unlawful sexual penetration in the first degree, ORS 163.411, and 11 counts of sexual abuse in the first degree, ORS 163.427, based on his alleged conduct with three of his patients. He was also convicted of two counts of sexual abuse in the third degree, ORS 163.415...

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