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STATE v. DAVIES

0205-44469; A118977.

98 P.3d 757 (2004)

195 Or. App. 534

STATE of Oregon, Respondent, v. Bruce Edward DAVIES, Appellant.

Court of Appeals of Oregon.

Decided October 6, 2004.

Attorney(s) appearing for the Case

Stephanie Hortsch, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter Ozanne, Executive Director, and Peter Gartlan, Chief Defender.

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 DEITS, Chief Judge, and LINDER, Judge.

HASELTON, P.J.

Defendant appeals, challenging the denial of a motion for judgment of acquittal on one count of disorderly conduct. ORS 166.025(1)(a).1 Defendant argues that, when he pointed and poked at a Safeway employee, after warning that employee not to touch him, he did not engage in behavior proscribed by that statute because he did not use "physical force or physical conduct which is immediately likely to produce the use of such...

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