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STATE v. HICKS

91-04-31803; CA A73694.

852 P.2d 894 (1993)

120 Or. App. 345

STATE of Oregon, Respondent, v. Jalango Abell HICKS, Appellant.

Court of Appeals of Oregon.

Decided May 19, 1993.

Reconsideration Denied August 11, 1993.

Attorney(s) appearing for the Case

Hari Nam S. Khalsa, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Bob Graves, Certified Law Student.

Before WARREN, P.J., and ROSSMAN and EDMONDS, JJ.

ROSSMAN, Judge.

After a jury trial, defendant was convicted of riot, ORS 166.015(1), and assault in the second degree. ORS 163.175. On appeal, he seeks reversal of the riot conviction, contending that there was insufficient evidence to convict him. We affirm.

The crime of riot is defined in ORS 166.015:

"(1) A person commits the crime of riot if while participating with five or more other persons the person engages in tumultuous and violent conduct...

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