STATE v. WOLLEAT

(CC 01C42188; CA A116196; SC S50919).

111 P.3d 1131 (2005)

338 Or. 469

STATE of Oregon, Respondent on Review, v. Richard James WOLLEAT, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided May 5, 2005.


Attorney(s) appearing for the Case

Monica L. Finch, Deputy Public Defender, Salem, argued the cause and filed the briefs for petitioner on review. With her on the briefs were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Stacey RJ Guise, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.


KISTLER, J.

The question in this case is whether evidence that defendant dragged the victim from one room to another during the course of an assault was sufficient to permit a reasonable juror to find that defendant had kidnapped the victim. The trial court denied defendant's motion for a judgment of acquittal on the kidnapping charge, the jury found him guilty of kidnapping, and the Court of Appeals affirmed without opinion...

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