FILED: March 3, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

COREY DENNIS MARSHALL,

Defendant-Appellant.

Yamhill County Circuit Court
CR060570
A135603

En Banc

Carol E. Jones, Judge.

Submitted on March 26, 2009; resubmitted en banc December 09, 2009.

Peter Gartlan, Chief Defender, and Mary Shannon Storey, Legal Services Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Rolf C. Moan, Acting Solicitor General, and Linda Wicks, Assistant Attorney General, filed the brief for respondent.

Before Brewer, Chief Judge, and Landau, Haselton, Armstrong, Wollheim, Schuman, Ortega, Rosenblum, and Sercombe, Judges, and Edmonds, Senior Judge.

ORTEGA, J.

Affirmed.

Brewer, C. J., concurring.

Sercombe, J., dissenting.

ORTEGA, J.

Defendant appeals from a judgment of conviction for two counts of first-degree sexual abuse, ORS 163.427, and one count of coercion, ORS 163.275.