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STATE v. McCOMBS

A175889.

544 P.3d 390 (2024)

330 Or. App. 545

STATE of Oregon, Plaintiff-Respondent, v. Joshua Terrell Green MCCOMBS, Defendant-Appellant.

Court of Appeals of Oregon.

February 7, 2024.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Stephanie J. Hortsch, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Michael A. Casper, Assistant Attorney General, filed the brief for respondent.

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

Defendant appeals his conviction by a jury for first-degree rape, ORS 163.375(1)(b) (Count 1); first-degree sodomy, ORS 163.405(1)(b) (Count 2); and first-degree sexual penetration, ORS 163.411(1)(b) (Count 3). He assigns six errors, challenging the denial of his motion for a judgment of acquittal (MJOA) on Counts 1 and 3, the denial...

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