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STATE v. BORDEAUX

030432183; A125123.

185 P.3d 524 (2008)

220 Or. App. 165

STATE of Oregon, Plaintiff-Respondent, v. Felix Antonio P. BORDEAUX, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 21, 2008.

Attorney(s) appearing for the Case

Eric R. Johansen, Senior Deputy Public Defender, argued the cause for appellant. With him on the briefs were Peter A. Ozanne, Executive Director, Office of Public Defense Services, and Peter Gartlan, Chief Defender, Legal Services Division.

Laura S. Anderson, Senior 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 HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

ARMSTRONG, J.

Defendant appeals a judgment of conviction for criminal mistreatment in the first degree, ORS 163.205(1)(a),1 assigning error to the trial court's denial of his motion for a judgment of acquittal. The issue presented is whether defendant's conduct in lying to emergency room personnel about the cause of his son's injuries—namely, that they had been inflicted by defendant—constitutes withholding necessary and...

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