State v. Oddo

Defendant was convicted of first-degree rape, ORS 163.375, two counts of first-degree criminal mistreatment, ORS 163.205, two counts of second-degree custodial interference, ORS 163.245, and two counts of peijury, ORS 162.065. On appeal, defendant asserts that the trial court erred in denying his motion for judgments of acquittal on the rape and criminal mistreatment charges.1 The state concedes that defendant’s motion should have been granted. As explained below, we find the state’s concession to be well-founded, and therefore reverse in part and affirm in part.

The first-degree rape count…