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STATE v. SMITH

A177810.

554 P.3d 817 (2024)

334 Or. App. 89

STATE of Oregon, Plaintiff-Respondent, v. Scott Christopher SMITH, Defendant-Appellant.

Court of Appeals of Oregon.

July 31, 2024.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Laura A. Frikert, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Colm Moore, Assistant Attorney General, filed the brief for respondent.

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

Defendant appeals from a judgment of conviction and sentence for one count of first-degree sexual abuse, ORS 163.427. On appeal, defendant contends that the prosecutor's remarks during closing argument constituted plain error because those remarks included an argument that defendant bore the burden of persuasion on whether defendant acted...

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