Legal Opinion

State v. Cervantes

Court of Appeals of Oregon

Decided March 3, 1993No. 90CR2935; CA A68493PublishedCited by 10 opinions

1Opinion of the Court

*431De MUNIZ, J.

Defendant appeals his conviction for rape in the second degree. ORS 163.365(1). He contends that the court erred by denying his motion for judgment of acquittal, because the state failed to present sufficient evidence to establish venue in Coos County. ORS 136.445. We reverse.

Because defendant was convicted by a jury, we state the facts in the light most favorable to the state. State v. McDonnell, 313 Or 478, 480, 837 P2d 941 (1992); State v. Kolbe, 115 Or App 268, 270, 838 P2d 612 (1992). After an argument with her father, the 12-year-old victim ran away from home. She went to…

2Cases cited15 opinions

  1. State v. McDonnellOregon Supreme Court · 1992
  2. State v. CaseyOregon Supreme Court · 1923
  3. Honeywell v. Sterling Furniture Co.Oregon Supreme Court · 1990
  4. State v. MirandaOregon Supreme Court · 1990
  5. Rostad v. Portland Railway, Light & Power Co.Oregon Supreme Court · 1921

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3Cited by10 opinions

  1. State v. CervantesOregon Supreme Court · 1994
  2. State v. LyonsCourt of Appeals of Oregon · 1993
  3. State v. CervantesCourt of Appeals of Oregon · 1994
  4. State Ex Rel. Juvenile Department v. SmithCourt of Appeals of Oregon · 1994
  5. State v. JOST/OREGON-WASHINGTON RECOVERY CO.Court of Appeals of Oregon · 1993

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