STATE v. CHELSON

C032308CR; A125292.

157 P.3d 258 (2007)

212 Or. App. 132

STATE of Oregon, Plaintiff-Respondent, v. Carl David CHELSON, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 11, 2007.


Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Jennelle Meeks Barton, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Christina M. Hutchins, Senior Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.


PER CURIAM.

Defendant appeals a judgment of conviction for unlawful use of a weapon, ORS 166.220, and menacing, ORS 163.190. He assigns error to the trial court's ruling that, as a matter of law, defendant was not entitled to assert the defense of use of physical force in defense of property. He also assigns error to the trial court's denial of a motion for a judgment of acquittal.

The facts necessary to dispose of the appeal are few and undisputed. In the...

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