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STATE v. HENNAGIR

08CR1498MI; A140446.

266 P.3d 128 (2011)

246 Or. App. 456

STATE of Oregon, Plaintiff-Respondent, v. Denzil Keene HENNAGIR, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 9, 2011.

Attorney(s) appearing for the Case

Ernest G. Lannet argued the cause for appellant. On the brief were Peter Gartlan, Chief Defender, and Lindsey K. Detweiler, Deputy Public Defender, Office of Public Defense Services.

Inge D. Wells, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Senior Judge.

WOLLHEIM, J.

Defendant, a 65-year-old male, was convicted of third-degree sexual abuse and attempted third-degree rape, after engaging in sexual conduct with a 14-year-old female. On appeal, defendant argues that the evidence was legally insufficient to support the attempted rape conviction because no reasonable juror could infer, on this record, that defendant intended to engage in sexual intercourse with the victim, as opposed to some other criminal sexual conduct...

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