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STATE v. CIVIL

A158212.

388 P.3d 1185 (2017)

283 Or. App. 395

STATE of Oregon, Plaintiff-Respondent, v. Joseph Richard CIVIL, Defendant-Appellant.

Court of Appeals of Oregon.

January 11, 2017.

Attorney(s) appearing for the Case

John Evans , Deputy Public Defender, argued the cause for appellant. With him on the briefs was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Jordan R. Silk , Assistant Attorney General, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Robert M. Wilsey , Assistant Attorney General.

Before Duncan, Presiding Judge, and DeVore, Judge, and Haselton, Senior Judge.

Defendant appeals a judgment of conviction of one count of unauthorized use of a vehicle (UUV), ORS 164.135, entered after a bench trial. He asserts that, although he was charged with UUV solely under ORS 164.135(1)(a), the evidence at trial related only to ORS 164.135(1)(c) — and, because of that asymmetry, he was entitled...

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