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STATE v. QUIMBY

97078316C; A108962

48 P.3d 216 (2002)

182 Or.App. 287

STATE of Oregon, Respondent, v. Fred QUIMBY, Appellant.

Court of Appeals of Oregon.

Decided June 19, 2002.

Attorney(s) appearing for the Case

Susan F. Drake, Deputy Public Defender, argued the cause for appellant. With her on the opening brief was David E. Groom, Acting Executive Director, Office of Public Defense Services. Fred Quimby filed the supplemental and reply briefs pro se.

Doug M. Petrina, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.

PER CURIAM

Defendant appeals a judgment of conviction for first-degree burglary, first-degree theft, and menacing. On appeal, he advances a number of assignments of error, only two of which merit discussion. First, he contends that the trial court erred in denying his motion for a judgment of acquittal on the menacing charge because there was no evidence that he threatened the victim. The state concedes the error, and we accept the

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