State v. Pena

This is a criminal case in which defendant appeals the trial court’s judgment convicting him of second-degree kidnapping, ORS 163.225, four counts of third-degree sexual abuse, ORS 163.415, and tampering with a witness, ORS 162.285. On appeal, defendant makes two assignments of error. First, he assigns error to the trial court’s denial of his motion for judgment of acquittal on the third-degree sexual abuse counts. We reject that assignment without discussion. Second, he assigns error to the trial court’s denial of his request for jury instructions on attempted third-degree sexual abuse. For…