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STATE v. CALE

09CR1709FE; A150744.

330 P.3d 43 (2014)

263 Or. App. 635

STATE of Oregon, Plaintiff-Respondent, v. Harvey Steven CALE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 18, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Susan Fair Drake , Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Matthew J. Lysne , Assistant Attorney General, filed the brief for respondent.

Before DUNCAN, Presiding Judge, and NAKAMOTO, Judge, and DeVORE, Judge.

DEVORE, J.

Defendant appeals a judgment challenging convictions for crimes involving sexual exploitation of a child. At issue are convictions on three counts of using a child in display of sexually explicit conduct, ORS 163.670, and three counts of encouraging child sexual abuse in the first degree, ORS 163.684. Defendant argues that the several counts of each respective crime constituted a single criminal episode so as to require merger of the respective counts....

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