STATE v. SAGDAL

D9906214M; A113896.

61 P.3d 975 (2003)

186 Or. App. 134

STATE of Oregon, Respondent, v. Christopher Jeffrey SAGDAL, Appellant.

Court of Appeals of Oregon.

Decided January 29, 2003.


Attorney(s) appearing for the Case

David E. Groom, Acting Executive Director, Office of Public Defense Services, and Beth Corbo, Deputy Public Defender, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Paul L. Smith, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.


PER CURIAM.

Defendant appeals his convictions of two counts of waste of a game mammal, ORS 498.042, and one count of aiding in a game violation, ORS 496.695. He argues that the trial court erred in denying his motion for judgment of acquittal based on ORS 136.440. The state concedes that the trial court erred in denying the motion. We agree and therefore reverse defendant's convictions.

ORS 136.440 provides that a conviction may not be based solely on accomplice...

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