STATE v. SARGENT

Nos. DA 275081; CA A34367.

701 P.2d 484 (1985)

74 Or.App. 50

STATE of Oregon, Respondent, v. Dennis Dea SARGENT, Appellant.

Court of Appeals of Oregon.

Decided June 5, 1985.


Attorney(s) appearing for the Case

Garrett A. Richardson, Portland, argued the cause and filed the brief for appellant.

Margaret E. Rabin, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.


GILLETTE, Presiding Judge.

Defendant appeals his conviction for disorderly conduct. ORS 166.025(1)(a). The charge arose out of a fight between defendant and another man on a public sidewalk in Portland. The fight attracted a significant crowd of onlookers before it was broken up by police. Defendant maintains that the trial court failed to find, as a fact, one of the elements required to convict him. We agree and reverse.

The statute in question provides,...

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