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STATE v. CLAYTON

0209-35369; A123517.

150 P.3d 1078 (2007)

210 Or. App. 442

STATE of Oregon, Respondent, v. Karl Raymond CLAYTON, Appellant.

Court of Appeals of Oregon.

Decided January 3, 2007.

Attorney(s) appearing for the Case

Harrison Latto, Portland, argued the cause and filed the briefs for appellant.

Paul L. Smith, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and LINDER, Judge pro tempore.

LINDER, J. pro tempore.

Defendant appeals his conviction of felony violation of a court stalking protective order (VSPO), which can be charged and prosecuted as either a misdemeanor or felony, depending on whether a defendant has been previously convicted either of stalking or VSPO. ORS 163.750. Defendant argues that the evidence is insufficient to support the felony conviction; the state concedes that defendant is correct. We reverse and remand for entry of a conviction...

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