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STATE v. NEWMAN

98CR0803MA; A104773

39 P.3d 874 (2002)

179 Or. App. 1

STATE of Oregon, Respondent, v. Delbert Baldwin NEWMAN, Appellant.

Court of Appeals of Oregon.

Decided January 23, 2002.

Attorney(s) appearing for the Case

Robin A. Jones, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Public Defender.

Brendan C. Dunn, 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 HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

DEITS, C.J.

Defendant appeals from a judgment of conviction for one count of felony driving while suspended or revoked.1 ORS 811.175 (1997); ORS 811.182 (1997). We write only to address defendant's assignment of error that the trial court erred in denying his motion for judgment of acquittal.2 We reverse.

The indictment charged, in pertinent part, that defendant "on or about the 15th day of June 1998...

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