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STATE v. PEMBERTON

061000, A134067.

203 P.3d 326 (2009)

226 Or. App. 285

STATE of Oregon, Plaintiff-Respondent, v. Robert George PEMBERTON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 4, 2009.

Attorney(s) appearing for the Case

Patrick M. Ebbett argued the cause for appellant. With him on the brief was Chilton, Ebbett & Galli, LLC.

Jeremy Rice, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Stacie F. Beckerman, Assistant Attorney General.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

EDMONDS, P.J.

Defendant appeals a judgment of conviction on two counts of assault in the third degree under ORS 163.165.1 That statute provides that a person commits the crime of assault in the third degree if the person

"(1)(i) Knowing the other person is a staff member [at a correctional facility], intentionally or knowingly propels any dangerous substance at the staff member while the staff member is acting in the course of...

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