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STATE v. MACK

Nos. 03C-52412, 04C-43462, A125332 (Control); A125333.

183 P.3d 191 (2008)

219 Or. App. 119

STATE of Oregon, Plaintiff-Respondent, v. William Eugene MACK, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 2, 2008.

Attorney(s) appearing for the Case

Rebecca Duncan, Chief Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Janet A. Metcalf, 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 WOLLHEIM and SERCOMBE, Judges.

EDMONDS, P.J.

Defendant appeals a judgment of conviction for child neglect in the first degree under ORS 163.547(1)(a) (2001), amended by Or. Laws 2005, ch. 708, § 2.1 On appeal, he argues that the evidence based on facts stipulated by the parties is legally insufficient to convict him under that statute. We agree and reverse.

At trial before the trial court and without a jury...

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