STATE v. MILLER

D064475M, A134970.

203 P.3d 319 (2009)

226 Or. App. 314

STATE of Oregon, Plaintiff-Respondent, v. Michael Edward MILLER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 4, 2009.


Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Erica Herb, 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 Greg Rios, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.


LANDAU, P.J.

Defendant appeals a judgment of conviction for disorderly conduct in the second degree. ORS 166.025. He assigns error to the trial court's denial of his motion for a judgment of acquittal, arguing that the evidence was insufficient to prove that he "engage[d] in fighting or in violent, tumultuous or threatening behavior" within the meaning of the offense statute. We affirm.

The relevant facts are undisputed. One afternoon, at about 4:00 p.m.,...

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