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STATE v. MACIEL-CORTES

06C43403, A135949.

218 P.3d 900 (2009)

231 Or. App. 302

STATE of Oregon, Plaintiff-Respondent, v. Maria Yeni MACIEL-CORTES, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 7, 2009.

Attorney(s) appearing for the Case

Travis S. Eiva, 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.

Samuel A. Kubernick, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before ARMSTRONG, Presiding Judge, and BREWER, Chief Judge, and CARSON, Senior Judge.

ARMSTRONG, P.J.

Defendant was convicted, following a jury trial, of recklessly endangering another person. ORS 163.195. That statute provides that "[a] person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person." On appeal, defendant's sole assignment of error is that the court impermissibly commented...

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