State v. Berry

Defendant appeals from a judgment of conviction following a jury trial. The jury convicted defendant on one count of rape in the second degree, ORS 163.365, and two counts of sexual abuse in the first degree, ORS 163.427. That was defendant’s second trial on those charges; we reversed and remanded his earlier judgment of conviction because of an error in the jury instructions. State v. Berry, 238 Or App 277, 242 P3d 666 (2010). On appeal, defendant makes six assignments of error, arguing that the trial court incorrectly (1) denied his motion for acquittal on double jeopardy grounds as to the…