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STATE v. SUMPTER

06CR0158; A134017.

206 P.3d 1088 (2009)

227 Or. App. 513

STATE of Oregon, Plaintiff-Respondent, v. James Andrew SUMPTER, III, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 22, 2009.

Attorney(s) appearing for the Case

Brandon G. Williams, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Pamela Johnstone 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 SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and DEITS, Judge pro tempore.

BREWER, C.J.

Defendant was convicted of first-degree assault, ORS 163.185, unauthorized use of a vehicle, ORS 164.135, and first-degree theft, ORS 164.055. On appeal, he argues that the court erred in denying his motion for judgment of acquittal on the first-degree theft charge on the ground that the state presented insufficient evidence that the gun involved in the crime was an operable firearm. Defendant also argues that the trial court erred in sentencing him as...

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