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STATE v. SMITH

9906-45981; A108485.

55 P.3d 553 (2002)

184 Or.App. 118

STATE of Oregon, Respondent, v. William Tyler SMITH, Appellant.

Court of Appeals of Oregon.

Decided October 9, 2002.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Deputy Public Defender, argued the cause for appellant. On the brief were David E. Groom, Acting Executive Director, Office of Public Defense Services, and Beth Corbo, Deputy Public Defender.

Holly A. Vance, Assistant Attorney General, argued the cause for respondent. With her 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.

LANDAU, P.J.

Defendant appeals a judgment of conviction for, among other things, reckless driving, ORS 811.140, based on an incident in which he was skateboarding on a public street. He argues that the trial court erred in denying his motion for a judgment of acquittal on the ground that a skateboard is not a "vehicle" within the meaning of ORS 811.140. The state argues that defendant's argument is not preserved and that, in any event, a skateboard is a "vehicle"...

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