State v. Rogers, 340 Or. App. 625

Terry Scott Rogers was convicted of crimes against a minor family member in Coos County Circuit Court, Oregon.
Rogers appealed the trial court’s judgment, raising three main legal errors: failure to instruct the jury on vouching, reversal of a motion for judgment of acquittal (MJOA) on a sex abuse count, and the denial of MJOA on five counts of luring a minor.
On the vouching instruction, Rogers argued the absence of a specific jury instruction addressing vouching testimony was plain error.
On the MJOA issue, the court orally granted Rogers’s motion to acquit on one count but rescinded after realizing the motion was based on mistaken facts; Rogers argued this violated double jeopardy.
On the luring counts, Rogers claimed the evidence was insufficient to establish that he played pornography to the victim for purposes of inducing sexual conduct—a required statutory element.
The Oregon Court of Appeals addressed each assignment according to the relevant standard of review and ultimately affirmed the trial court’s rulings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Failure to give vouching instruction	Jury was properly instructed otherwise	Plain error not to give UCrJI 1006A	No plain error; instructions sufficient
Reversal of MJOA (double jeopardy)	Oral order not final unless entered	Oral MJOA should bar further prosecution	No double jeopardy; oral order not final
Sufficiency of luring evidence	Porn videos shown to induce sexual conduct	Videos not used to influence victim	Evidence legally sufficient

State v. Vanornum, 354 Or 614 (plain error must be obvious and not reasonably in dispute)
State v. Sperry, 149 Or App 690 (oral ruling is not binding or final until reduced to writing and properly entered)
State v. C.C.W., 294 Or App 701 (double jeopardy attaches upon the entry of judgment, not oral ruling)
State v. Gaines, 275 Or App 736 (standard for plain error in jury instructions)
State v. King, 278 Or App 65 (evidence viewed in light most favorable to state for MJOA)