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STATE v. SPEARS

050432456; A132447.

196 P.3d 1037 (2008)

223 Or. App. 675

STATE of Oregon, Plaintiff-Respondent, v. Adolph SPEARS, Jr., aka Adolph P. Spears, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 12, 2008.

Attorney(s) appearing for the Case

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

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and M. Ann Boss, Senior Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and CARSON, Senior Judge.

HASELTON, P.J.

Defendant appeals a judgment of conviction for first-degree theft, ORS 164.055(1), assigning error to the denial of his motion for judgment of acquittal (MJOA) on that charge.1 Defendant contends that the state failed to present legally sufficient evidence that he succeeded in "taking, appropriating, obtaining or withholding" the property, arguing that the evidence was sufficient only to prove an attempted theft. The state...

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