State v. Digesti

Defendant appeals a judgment of conviction for two counts of sexual abuse in the first degree, (Counts 1 and 2), ORS 163.427,1 2raising five assignments of error. We reject without discussion defendant’s third and fourth assignments of error. In his first and second assignments of error, defendant argues that the trial court erred in denying his motion for judgment of acquittal on Count 1 and Count 2, respectively, because “ [¶] orcefully keeping a door closed in an effort to prevent the victim from leaving [the bathroom] is not ‘physical force’ within the meaning of ORS 163.305(2),[2] the…