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STATE v. JOHNSON

05C46599; A129667.

168 P.3d 312 (2007)

215 Or. App. 1

STATE of Oregon, Plaintiff-Respondent, v. Herbert Ray JOHNSON, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 12, 2007.

Attorney(s) appearing for the Case

Bronson D. James, Deputy Public Defender, argued the cause for appellant. On the brief were Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Jennelle Meeks Barton, Deputy Defender, Office of Public Defense Services.

Ryan P. Kahn, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Michael C. Livingston, Assistant Attorney General.

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

BREWER, C.J.

Defendant appeals a judgment of conviction for robbery in the third degree, ORS 164.395, raising two assignments of error. He first argues that the state presented insufficient evidence of physical force to allow a reasonable jury to find him guilty of robbery in the third degree and, therefore, that the trial court erred in denying his motion for a judgment of acquittal. He also argues that his juvenile adjudications should not have been used in determining...

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