STATE v. PORTER

C080634CR; A140651.

249 P.3d 139 (2011)

241 Or. App. 26

STATE of Oregon, Plaintiff-Respondent, v. Norman Edward PORTER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 23, 2011.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Joshua B. Crowther , Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Erika L. Hadlock , Senior Assistant Attorney General, filed the brief for respondent.

Before SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and LANDAU, Judge Pro Tempore.


BREWER, C.J.

Defendant, who was convicted on three counts of using a child in a display of sexually explicit conduct, ORS 163.670, argues that the trial court erred in denying his motion for a judgment of acquittal, because the state failed to prove that he "permit[ted] * * * a child to participate or engage in sexually explicit conduct for any person to observe or to record in a photograph, motion picture, videotape or other visual recording." For the reasons explained...

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