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STATE v. McVAY

DC 90-5501; CA A67951; SC S38892.

833 P.2d 297 (1992)

313 Or. 292

STATE of Oregon, Respondent on Review, v. Paul Anthony McVAY, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided June 5, 1992.

Attorney(s) appearing for the Case

Louis R. Miles, Deputy Public Defender, Salem, argued the cause and filed the petition for petitioner on review. With him on the petition was Sally L. Avera, Public Defender, Salem.

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause and filed the response for respondent on review. With him on the response were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

GRABER, Justice.

In this criminal case, defendant was convicted of escape in the third degree after a trial to the court on stipulated facts.1 He moved for a judgment of acquittal of that charge; the trial court denied the motion. The Court of Appeals affirmed without opinion on defendant's appeal. State v. McVay, 110 Or.App. 635, 823 P.2d 457 (1992). We reverse the conviction for escape in the third degree.

We summarize...

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