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STATE v. SMITH

081052416, A141326.

226 P.3d 111 (2010)

233 Or. App. 534

STATE of Oregon, Plaintiff-Respondent, v. Gary SMITH, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 10, 2010.

Attorney(s) appearing for the Case

Garrett A. Richardson and Multnomah Defenders, Inc., filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Stacey RJ Guise, Senior Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

PER CURIAM.

Defendant appeals, challenging his conviction, following a bench trial, for giving false information to a peace officer. ORS 162.385.1 He contends that, in convicting him, the trial court explicitly proceeded from an erroneous legal premise, viz., that a person violates ORS 162.385 by knowingly giving false information to a peace officer, regardless of whether the person knows...

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