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822 P.2d 153

110 Or.App. 362

State v. Johnson

STATE of Oregon, Respondent, v. Matthew Mayfield JOHNSON, Appellant.

Court of Appeals of Oregon

Decided December 18, 1991

Court of Appeals of Oregon · decided 1991-12-18

Cited by 1 later decisions — most recently September 1996

1 district ·

Applies OR 163 § 163.275

Relies on 110 Or. App. 362 - State v. Johnson

Good law ✅— No negative treatment on recordhow we know

Decided 1991-12-18

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C90-11-36741; CA A68779.

¶1Court of Appeals of Oregon.

Submitted on Record and Briefs November 22, 1991.
Decided December 18, 1991.

¶2*154 Sally L. Avera, Public Defender, and Steven V. Humber, Deputy Public Defender, Salem, filed the brief for appellant.

¶3Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Jonathan H. Fussner, Asst. Atty. Gen., Salem, filed the brief for respondent.

¶4Before JOSEPH, C.J., and ROSSMAN and DE MUNIZ, JJ.

¶5PER CURIAM.

¶6Defendant was convicted of coercion. ORS 163.275. The state concedes that there was insufficient evidence to support the verdict. Coercion requires proof that the victim was actually compelled or induced to abstain from engaging in the conduct in which she had a right to engage or not to engage. The trial testimony is conclusive that defendant's threats did not have that effect.

¶7Reversed.

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