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STATE v. SCHOEN

04494, A129669.

211 P.3d 948 (2009)

229 Or. App. 427

STATE of Oregon, Plaintiff-Respondent, v. Terry Dean SCHOEN, Defendant-Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted En Banc April 07, 2009.

Decided July 1, 2009.

Attorney(s) appearing for the Case

Daniel C. Bennett, Deputy Public Defender, argued the cause for appellant. On the brief were Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and John L. Susac, Deputy Public Defender.

Heather A. Vogelsong, 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 BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, SCHUMAN, ORTEGA, ROSENBLUM, and SERCOMBE, Judges, and CARSON, Senior Judge.

PER CURIAM.

Defendant appeals a judgment of conviction for third-degree criminal mischief, ORS 164.345(1), and argues that the trial court erred when it denied his motion for a judgment of acquittal on the charge. We affirm.

As a result of a domestic dispute, defendant was arrested and placed in the backseat of a patrol car. While inside the car, defendant kicked the car door and window but did not cause any damage. Defendant moved for a judgment of acquittal...

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