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STATE v. SOTO (2022)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Orrin Kawiki Kealohi SOTO, Defendant-Appellant.

A174571

Decided: March 09, 2022

Before James, Presiding Judge, and Egan, Judge, and Kamins, Judge.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Nora Coon, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Michael A. Casper, Assistant Attorney General, filed the brief for respondent.

Defendant appeals a judgment of conviction for third-degree sexual abuse, acknowledging that we have previously held that lack of consent in third-degree sexual abuse was a circumstance element that required only a mental state of criminal negligence. State v. Wier, 260 Or. App. 341, 353, 317 P.3d 330 (2013). But, defendant argues, under the Oregon Supreme Court's recent decision in State v. Haltom, 366 Or. 791, 824, 472 P.3d 246 (2020), that interpretation of the statute is no longer viable. We adhere to our decision in Weir, but we note that the issue is currently before the Oregon Supreme Court in State v. Carlisle (S067880), and resolution of that case will likely affect this one.

Affirmed.

PER CURIAM

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STATE v. SOTO (2022)

Docket No: A174571

Decided: March 09, 2022

Court: Court of Appeals of Oregon.

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