State v. Kerne

*346Defendant appeals from a judgment of conviction for 10 counts of first-degree rape, ORS 163.375, and 10 counts of coercion, ORS 163.275. He seeks reversal of the rape convictions, contending that the trial court plainly erred when it did not instruct the jury that it was required to find that he knowingly subjected the victim to forcible compulsion, as required under State v. Nelson , 241 Or.App. 681, 251 P.3d 240 (2011), rev. dismissed , 354 Or. 62, 308 P.3d 206 (2012). Although defendant is correct that the trial court plainly erred, we decline to exercise our discretion to correct that…