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STATE v. ANDERSON

CR0401258, A127650.

189 P.3d 28 (2008)

221 Or. App. 193

STATE of Oregon, Plaintiff-Respondent, v. Jaison Douglas ANDERSON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 9, 2008.

Attorney(s) appearing for the Case

Emily R. Schoonmaker, Deputy Public Defender, argued the cause for appellant. On the brief were Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Shawn Wiley, Deputy Public Defender, Legal Services Division, 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 HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

PER CURIAM.

Defendant appeals his conviction, after a trial to the court, of one count of assault in the third degree, ORS 163.165, contending, among other arguments, that the court erred in denying his motion for a judgment of acquittal because the state failed to show that the victim suffered "physical injury" as a result of defendant's conduct. We agree with defendant that the trial court erred in denying the motion for judgment of acquittal and reverse the conviction...

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