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STATE v. HINTON

MI-03-0832; A124901.

147 P.3d 345 (2006)

209 Or. App. 210

STATE of Oregon, Respondent, v. Chad E. HINTON, Appellant.

Court of Appeals of Oregon.

Decided November 8, 2006.

Attorney(s) appearing for the Case

Michael R. McLane, Redmond, argued the cause and filed the brief for appellant.

Katherine H. Waldo, Senior 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 EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges.

LINDER, J.

Defendant appeals his conviction for criminal trespass with a firearm under ORS 164.265, which the state prosecuted as a violation.1 The sole issue on appeal is whether the trial court correctly denied defendant's motion for a judgment of acquittal made on the ground that the state failed to prove that the private property on which defendant entered and remained was not open to the public. We affirm.

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