State v. Ledford

Defendant appeals a judgment convicting him of first-degree rape, ORS 163.375, first-degree sexual abuse, ORS 163.427, second-degree sexual abuse, ORS 163.425, and fourth-degree assault, ORS 163.160. In his first and second assignments of error, defendant contends that, in light of this court’s decision in State v. Nelson, 241 Or App 681, 251 P3d 240 (2011), rev allowed, 351 Or 678 (2012), the trial court committed plain error in instructing the jury regarding the elements of first-degree rape and first-degree sexual abuse because the court failed to instruct the jury that the state was…