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STATE v. GABONIA

A170498.

481 P.3d 412 (2021)

309 Or. App. 342

STATE of Oregon, Plaintiff-Respondent, v. Leo GABONIA, Defendant-Appellant.

Court of Appeals of Oregon.

February 10, 2021.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Neil F. Byl, Deputy Public Defender, Office of Public Defense Services, filed the briefs for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Patrick M. Ebbett, Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Shorr, Judge, and Powers, Judge.

Defendant was convicted by jury on two counts of first-degree sodomy (Counts 1 and 2); two counts of first-degree unlawful sexual penetration (Counts 3 and 4); three counts of first-degree sexual abuse (Counts 5, 7, and 8); and one count of luring a minor (Count 9). Defendant argues on appeal that the court erred in instructing the jury that...

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