STATE v. WILSON

M-66014; CA A38990.

724 P.2d 840 (1986)

81 Or. App. 48

STATE of Oregon, Respondent, v. Jeffrey Alan WILSON, Appellant.

Court of Appeals of Oregon.

Decided September 3, 1986.


Attorney(s) appearing for the Case

Timothy P. Dunn, Aloha, argued the cause and filed the brief for appellant.

Jeff Ellis, Certified Law Student, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem.

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


WARDEN, Presiding Judge.

Defendant appeals from a judgment of conviction for harassment by telephone. ORS 166.065(1)(d). He argues that the recipient of the telephone call was not alarmed by it and that she did not believe that the caller had the ability to commit the felony which he threatened. We reverse.

On November 4, 1985, Cynthia Mazekowski, a resident supervisor at the Washington County Restitution Center received a telephone call at the center. The...

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