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STATE v. McCANTS

06C44334, A134846 (Control), 06C45185, A134848.

220 P.3d 436 (2009)

231 Or. App. 570

STATE of Oregon, Plaintiff-Respondent, v. Timothy Lee McCANTS, Defendant-Appellant. State of Oregon, Plaintiff-Respondent, v. Cynthia Geneva Walker, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 4, 2009.

Attorney(s) appearing for the Case

Ryan T. O'Connor, Deputy Public Defender, argued the cause for appellants. With him on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Pamela J. Walsh, 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 ROSENBLUM, Judge, and DEITS, Senior Judge.

HASELTON, P.J.

Defendants Timothy McCants and Cynthia Walker, who were jointly tried, appeal, challenging their convictions on three counts each of first-degree criminal mistreatment, ORS 163.205(1)(a), which were based solely on conditions in defendants' home. Each defendant contends on appeal that the state's proof was legally insufficient to establish that he or she "intentionally or knowingly with[held] necessary and adequate * * * physical care," ORS 163.205...

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