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STATE v. FIELDS

01C44362; A116156.

79 P.3d 915 (2003)

191 Or. App. 127

STATE of Oregon, Respondent, v. Donald Gerald FIELDS, Appellant.

Court of Appeals of Oregon.

Decided November 26, 2003.

Attorney(s) appearing for the Case

Laura Frikert, Deputy Public Defender, filed the brief for appellant. With her on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.

Robert M. Atkinson, Assistant Attorney General, filed the brief for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

PER CURIAM.

Defendant appeals his conviction for identity theft, ORS 165.800, assigning error to the trial court's denial of his motion for a judgment of acquittal. The state confesses error, and we reverse.

During the course of a traffic stop, defendant identified himself as his friend and gave the officer his friend's personal identifying information. As a result, he was charged with and convicted of violating ORS 165.800(1), which provides:

"A...

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