STATE v. FAIRBANKS

0601-40664; 0602-41528; A133841(Control); A133842.

185 P.3d 556 (2008)

220 Or. App. 307

STATE of Oregon, Plaintiff-Respondent, v. Dale Ward FAIRBANKS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 28, 2008.


Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Legal Services Division, and Sarah E. Carpenter, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Michael R. Washington, Senior Assistant Attorney General, filed the brief for respondent.

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


PER CURIAM.

Defendant was charged in two cases with a total of six counts of second-degree criminal trespass. ORS 164.245. One of those charges—Count 3 in Case Number A133841-was based on an incident in which police found him sleeping in Colonel Summers Park in Portland, in violation of what the police believed to be an order excluding defendant from the park. At trial, defendant moved for a judgment of acquittal on the ground that the state had failed to prove...

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