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STATE v. MARSHALL

CR060570; A135603.

227 P.3d 786 (2010)

234 Or. App. 159

STATE of Oregon, Plaintiff-Respondent, v. Corey Dennis MARSHALL, Defendant-Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted en banc December 09, 2009.

Decided March 3, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Mary Shannon Storey, Legal Services Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Rolf C. Moan, Acting Solicitor General, and Linda Wicks, Assistant Attorney General, filed the brief for respondent.

Before BREWER, Chief Judge, and LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, ROSENBLUM, and SERCOMBE, Judges, and EDMONDS, Senior Judge.

ORTEGA, J.

Defendant appeals from a judgment of conviction for two counts of first-degree sexual abuse, ORS 163.427, and one count of coercion, ORS 163.275. He assigns error to the trial court's denial of his motion for a judgment of acquittal on the sexual abuse counts, contending that the state failed to prove the "forcible compulsion" element of those counts.1 We review the denial of a motion for a judgment of acquittal to determine...

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