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STATE v. HERFURTH

A170610.

478 P.3d 601 (2020)

307 Or. App. 534

STATE of Oregon, Plaintiff-Respondent, v. Jason P. HERFURTH, Defendant-Appellant.

Court of Appeals of Oregon.

November 18, 2020.

Attorney(s) appearing for the Case

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

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before Lagesen, Presiding Judge, and James, Judge, and Kamins, Judge.

Defendant appeals a judgment of conviction for one count of third-degree rape, ORS 163.355 (Count 3), and eight counts of second-degree sexual abuse, ORS 163.425 (Counts 5 through 12). Although this is the third time the matter is before us on appeal —two previous appeals led to remands...

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