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STATE v. SCHWARZ

050035CR; A132505.

208 P.3d 971 (2009)

228 Or. App. 273

STATE of Oregon, Plaintiff-Respondent, v. Debra Angeline SCHWARZ, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 13, 2009.

Attorney(s) appearing for the Case

Andrew S. Chilton argued the cause for appellant. On the brief were Patrick M. Ebbett and Chilton, Ebbett & Galli, LLC.

Katherine H. Waldo, Senior Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Samuel A. Kubernick, Assistant Attorney General.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and CRAMER, Judge pro tempore.

LANDAU, P.J.

Defendant was convicted of one count of criminal mistreatment in the first degree, ORS 163.205, after she brought her elderly husband to the courthouse when she appeared for sentencing on a probation violation and then left him there. Defendant sought a judgment of acquittal, asserting that the state had failed to establish that she "deserted" her husband with the intent to "abandon" him because there was no evidence that she intended to forsake him permanently...

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