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STATE v. ORTIZ-VALDEZ

C991766CR; A112073.

79 P.3d 371 (2003)

190 Or. App. 511

STATE of Oregon, Respondent, v. Fernando ORTIZ-VALDEZ, Appellant.

Court of Appeals of Oregon.

Decided November 13, 2003.

Attorney(s) appearing for the Case

Laura Frikert, 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. With her on the reply brief was Peter A. Ozanne, Executive Director, Office of Public Defense Services.

Janet A. Metcalf, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

LINDER, J.

Defendant appeals a conviction for attempting to supply contraband by knowingly introducing it into a correctional facility, ORS 162.185. The issue presented is the same as that presented in a series of recent cases—whether defendant was entitled to a judgment of acquittal on the ground that the state failed to adduce legally sufficient evidence of a voluntary act as required by ORS 161.095. See State v. Tippetts, 180 Or...

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