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STATE v. NYGAARD

A164455.

466 P.3d 692 (2020)

303 Or.App. 793

STATE of Oregon, Plaintiff-Respondent, v. Richard Karl NYGAARD, Defendant-Appellant.

Court of Appeals of Oregon.

April 29, 2020.

Attorney(s) appearing for the Case

Erik Blumenthal, Deputy Public Defender, argued the cause for the appellant. Also on the briefs was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

E. Nani Apo, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before DeHoog, Presiding Judge, and Aoyagi, Judge, and Hadlock, Judge pro tempore.

Defendant was charged with multiple crimes including first-degree unlawful sexual penetration (Count 7) and attempted first-degree rape (Count 8). As set out in more detail below, the state alleged that defendant committed those crimes "by forcible compulsion." Following a bench trial, the trial court found defendant guilty...

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