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STATE v. MIDDLETON

08CR0694; A145754.

300 P.3d 228 (2013)

256 Or. App. 173

STATE of Oregon, Plaintiff-Respondent, v. Evan Michael MIDDLETON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 17, 2013.

Attorney(s) appearing for the Case

Kenneth A. Kreuscher , Portland, argued the cause for appellant. With him on the brief was Portland Law Collective, LLP. Evan Michael Middleton filed the supplemental brief pro se.

Tiffany Keast , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

SCHUMAN, P.J.

Defendant was convicted of four counts of rape in the third degree, ORS 163.355; five counts of sexual abuse in the second degree, ORS 163.425; and one count of unlawful delivery of marijuana, ORS 475.860, all arising out of conduct occurring over several days involving two minor female victims. On appeal, he raises nine assignments of error. In the first four, he argues that the court abused its discretion in denying his motions for a mistrial after...

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