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STATE v. DERRY

03C-40466; A122450.

116 P.3d 248 (2005)

200 Or. App. 587

STATE of Oregon, Respondent, v. Vaughn Pierre DERRY, Appellant.

Court of Appeals of Oregon.

Decided July 13, 2005.

Attorney(s) appearing for the Case

Mary-Shannon Storey, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Joanna L. Jenkins, 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 WOLLHEIM and ORTEGA, Judges.

ORTEGA, J.

Defendant appeals from a conviction for fourth-degree assault, assigning error to the trial court's denial of his motion for a judgment of acquittal. We review to determine whether a rational trier of fact could have found the elements of the crime beyond a reasonable doubt, State v. Paragon, 195 Or.App. 265, 267, 97 P.3d 691 (2004), and affirm.

In reviewing the denial of a motion for a judgment of acquittal, "[w]e view the evidence in the...

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