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STATE v. BURGESS

C080070CR; A139500.

251 P.3d 765 (2011)

240 Or. App. 641

STATE of Oregon, Plaintiff-Respondent, v. Clifton Cory BURGESS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 16, 2011.

Attorney(s) appearing for the Case

David O. Ferry , Deputy Public Defender, argued the cause for appellant. With him on the briefs was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Kristen G. Williams , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and EDMONDS, Senior Judge.

HASELTON, P.J.

Defendant, who was convicted of first-degree assault, ORS 163.185, appeals, raising three assignments of error. We write to address only defendant's first assignment, which challenges the trial court's denial of his motion for judgment of acquittal (MJOA). As amplified below, we conclude that (a) the evidence was legally insufficient to support defendant's conviction on the sole theory that the state argued to the jury, viz., that defendant was...

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