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STATE v. COON

86-1051; CA A41981.

744 P.2d 1333 (1987)

88 Or.App. 362

STATE of Oregon, Respondent, v. Tomy Lee COON, Appellant.

Court of Appeals of Oregon.

Decided November 18, 1987.

Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

PER CURIAM.

Defendant appeals his convictions for unauthorized use of a motor vehicle, ORS 164.135, and giving false information to a police officer. ORS 162.385. He contends that his motions for judgment of acquittal on each charge should have been granted. The state concedes, and we agree, that there was insufficient evidence to prove that defendant gave false information to a police officer as that charge was alleged in the indictment. Accordingly, the court erred...

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