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STATE v. MILBURN

03-6220; A123203.

134 P.3d 969 (2006)

205 Or. App. 205

STATE of Oregon, Respondent, v. Thomas W. MILBURN, Appellant.

Court of Appeals of Oregon.

Decided April 26, 2006.

Attorney(s) appearing for the Case

John L. Susac, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Anna M. Joyce, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ROSENBLUM, Judge.

HASELTON, P.J.

Defendant, who was convicted of misdemeanor angling while revoked, ORS 497.441; ORS 496.992, appeals, assigning error to the trial court's denial of his motion for judgment of acquittal. Defendant contends that, by fishing on "free fishing weekend," ORS 497.079, he was not "engag[ing] in the activity for which [an angling] license * * * is required." ORS 497.441. We agree and, consequently, reverse.

The material facts are undisputed. Sometime...

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