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STATE v. ATWOOD

010097CR; A117917.

98 P.3d 751 (2004)

195 Or. App. 490

STATE of Oregon, Respondent, v. Michael ATWOOD, Appellant.

Court of Appeals of Oregon.

Decided October 6, 2004.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Deputy Public Defender, argued the cause for appellant. On the brief were Peter Ozanne, Executive Director, Office of Public Defense Services, and Stephanie Hortsch, Deputy Public Defender.

Katherine H. Waldo, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Christina M. Hutchins, Assistant Attorney General.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

HASELTON, P. J.

Defendant, who was convicted of two counts of disorderly conduct, ORS 166.025(1)(a), (b), appeals, challenging the denial of his motions for judgment of acquittal on those counts. As described below, with respect to the first count, we conclude that the evidence was legally insufficient to allow a trier of fact to infer that defendant engaged in "violent, tumultuous or threatening behavior" within the meaning of ORS 166.025(1)(a), as construed in ...

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