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STATE v. PRUITT

CR0-1871; CA A68891.

839 P.2d 735 (1992)

115 Or. App. 587

STATE of Oregon, Respondent, v. Harold David PRUITT, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted August 5, 1992.

Decided October 21, 1992.

Reconsideration Denied December 9, 1992.

Review Denied January 26, 1993.

Attorney(s) appearing for the Case

Mary M. Reese, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender, Salem.

Carol J. Fredrick, 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.

Resubmitted in Banc August 5, 1992.

JOSEPH, Chief Judge.

In a trial to the court, defendant was convicted of failing to perform the duties of a driver when property adjacent to a highway is damaged. ORS 811.700(1)(c). He appeals from the trial court's denial of his motion for judgment of acquittal. We affirm.

At 12:30 a.m. on August 6, 1990, defendant lost control of his car and damaged a fire hydrant in Bend. The car became high-centered on the hydrant...

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