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STATE v. BATTY

87-CR-611; CA A49000.

819 P.2d 732 (1991)

109 Or.App. 62

STATE of Oregon, Respondent, v. Gerald Allen BATTY, Appellant.

Court of Appeals of Oregon.

Decided September 25, 1991.

Reconsideration Denied November 27, 1991.

Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender, Salem.

Ann Kelley, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief was Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

DE MUNIZ, Judge.

A jury convicted defendant of murder, ORS 163.115, and of unauthorized use of a vehicle. ORS 164.135. We affirm defendant's convictions but remand for resentencing.

At the close of the state's case in chief, defendant moved for a judgment of acquittal on the charges. He assigns error to the court's denial of those motions. In ruling on the sufficiency of evidence, we view the evidence in the light most favorable to the state. The question...

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