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STATE v. HITZ

451260; CA A46356.

757 P.2d 448 (1988)

92 Or.App. 136

STATE of Oregon, Respondent, v. Suzanne H. HITZ, Appellant.

Court of Appeals of Oregon.

Decided July 13, 1988.

Reconsideration Denied August 26, 1988.

Attorney(s) appearing for the Case

Lisa A. Maxfield, Portland, argued the cause for appellant. With her on the brief was Ransom, Blackman & Simson, Portland.

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

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

GRABER, Judge.

Defendant was convicted of misapplication of entrusted property. ORS 165.095. She contends that the state failed to prove one element of the crime and, therefore, that she is entitled to an acquittal.1 We affirm.

Defendant was an insurance agent. On November 20, 1982, Sanarov asked her to obtain a Farmers Insurance policy on his farm and vehicles. He gave defendant $668 in cash, which she deposited in her fiduciary...

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