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STATE v. EMERY

No. 10-80-11404; CA A20755.

637 P.2d 939 (1981)

55 Or.App. 265

STATE of Oregon, Respondent, v. Donald Dean EMERY, Aka Anthony Secreto, Appellant.

Court of Appeals of the State of Oregon.

Decided December 21, 1981.

Attorney(s) appearing for the Case

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Virginia L. Linder, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and JOSEPH, JJ.

PER CURIAM.

Defendant appeals his conviction for perjury. ORS 162.065. He assigns as error the trial court's refusal to grant his motion for judgment of acquittal. The state concedes that this case cannot be distinguished from this court's decision in State v. Flamer, 54 Or.App. 17, 633 P.2d 860 (1981), and must therefore be reversed.

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