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STATE v. COX

CR040821DV; A127561.

159 P.3d 352 (2007)

212 Or. App. 637

STATE of Oregon, Plaintiff-Respondent, v. Gordon Wilson COX, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 16, 2007.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Robin A. Jones, Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Susan G. Howe, Senior Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

HASELTON, P.J.

Defendant appeals his conviction for felony fourth-degree assault, ORS 163.160(3), arguing that the trial court erred in denying his motion for a judgment of acquittal (MJOA) on that charge. In response, the state concedes that the trial court erred and, particularly, that there was no evidence showing that the assault was "committed in the immediate presence" of defendant's and the victim's infant child. ORS 163.160(3)(c). As explained below, we conclude...

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