State v. Rosas-Cabildo

Court of Appeals of Oregon

State v. Rosas-Cabildo

495 P.3d 217, 314 Or. App. 476

CourtCourt of Appeals of Oregon

DecidedSeptember 9, 2021

DocketA171705

StatusPublished

Cited by1 cases

This text of 495 P.3d 217 (State v. Rosas-Cabildo) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Rosas-Cabildo, 495 P.3d 217, 314 Or. App. 476 (Or. Ct. App. 2021).

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Opinion

Submitted July 23, affirmed September 9, 2021

STATE OF OREGON, Plaintiff-Respondent, v. ODILON ROSAS-CABILDO, Defendant-Appellant. Washington County Circuit Court 18CR10908; A171705 495 P3d 217

Oscar Garcia, Judge. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Mary M. Reese, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Philip Thoennes, Assistant Attorney General, filed the brief for respondent. Before James, Presiding Judge, and Kamins, Judge, and Kistler, Senior Judge. PER CURIAM Affirmed. Cite as 314 Or App 476 (2021) 477

PER CURIAM Defendant challenges his convictions for multiple sexual offenses, raising three assignments of error. We affirm. On defendant’s first assignment of error, we are not persuaded that the trial court plainly erred by failing to sua sponte enter a judgment of acquittal on a count of first- degree sexual abuse. Defendant’s second and third assign- ments of error challenge the trial court’s nonunanimous instruction to the jury. However, because the verdict was unanimous, defendant’s arguments are foreclosed by State v. Flores Ramos, 367 Or 292, 478 P3d 515 (2020), and State v. Kincheloe, 367 Or 335, 478 P3d 507 (2020), cert den, ___ US ___, 141 S Ct 2837, 210 L Ed 2d 951 (2021). Affirmed.

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Submitted July 23, affirmed September 9, 2021

STATE OF OREGON, Plaintiff-Respondent, v. ODILON ROSAS-CABILDO, Defendant-Appellant. Washington County Circuit Court 18CR10908; A171705 495 P3d 217

Oscar Garcia, Judge. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Mary M. Reese, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Philip Thoennes, Assistant Attorney General, filed the brief for respondent. Before James, Presiding Judge, and Kamins, Judge, and Kistler, Senior Judge. PER CURIAM Affirmed. Cite as 314 Or App 476 (2021) 477

PER CURIAM Defendant challenges his convictions for multiple sexual offenses, raising three assignments of error. We affirm. On defendant’s first assignment of error, we are not persuaded that the trial court plainly erred by failing to sua sponte enter a judgment of acquittal on a count of first- degree sexual abuse. Defendant’s second and third assign- ments of error challenge the trial court’s nonunanimous instruction to the jury. However, because the verdict was unanimous, defendant’s arguments are foreclosed by State v. Flores Ramos, 367 Or 292, 478 P3d 515 (2020), and State v. Kincheloe, 367 Or 335, 478 P3d 507 (2020), cert den, ___ US ___, 141 S Ct 2837, 210 L Ed 2d 951 (2021). Affirmed.

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495 P.3d 217, 314 Or. App. 476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rosas-cabildo-orctapp-2021.

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