State v. Kawamoto

Defendant was convicted of one count each of first-degree assault, ORS 163.185; first-degree sodomy, ORS 163.405; and first-degree unlawful sexual penetration, ORS 163.411; and two counts of first-degree kidnapping, ORS 163.235. The trial court sentenced defendant to a total of 280 months in prison and 20 years of post-prison supervision (less time served). The two kidnapping counts merged.

On appeal, defendant contends that the trial court should have granted his motion for a judgment of acquittal on the charges of kidnapping and unlawful sexual penetration because the state failed to prove…