STATE v. ARNEY

070056CR, A136273.

225 P.3d 125 (2010)

233 Or. App. 148

STATE of Oregon, Plaintiff-Respondent, v. Khatara Alisia Lee ARNEY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided January 6, 2010.


Attorney(s) appearing for the Case

Lindsey K. Detweiler argued the cause for appellant. On the brief were Peter Gartlan, Chief Defender, Appellate Division, and Travis Eiva, Deputy Public Defender, Office of Public Defense Services.

Linda M. Wicks, Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Erika L. Hadlock, Acting Solicitor General.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and RIGGS, Senior Judge.


BREWER, C.J.

In this criminal case, defendant was convicted of first-degree failure to appear, ORS 162.205. She argues that the trial court erred in denying what she characterizes as her motion for a judgment of acquittal. The state responds that the trial court did not err, but that even if it did, defendant is entitled at most to a remand for entry of a conviction for second-degree failure to appear, ORS 162.195. For the reasons explained below, we agree with defendant...

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