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STATE v. JONES

Nos. 061515M, A136143.

212 P.3d 1292 (2009)

229 Or. App. 734

STATE of Oregon, Plaintiff-Respondent, v. A.D. JONES, Defendant-Appellant. Josephine County Circuit Court

Court of Appeals of Oregon.

Decided July 22, 2009.

Attorney(s) appearing for the Case

Kenneth A. Kreuscher, 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.

Rene C. Holmes, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Linda Wicks, Assistant Attorney General.

Before SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and DEITS, Senior Judge.

DEITS, S.J.

Defendant appeals a judgment of conviction for one count of fourth-degree assault. ORS 163.160(1)(a). He argues that the trial court erred in denying his motion for a judgment of acquittal. Defendant contends that there was not sufficient evidence from which a rational jury could find that he inflicted a "physical injury" on the victim as required by ORS 163.160(1)(a). Defendant also asserts that the trial court erred in denying his request to instruct...

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