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STATE v. KUPERUS

08C41055; A139824.

251 P.3d 235 (2011)

241 Or. App. 605

STATE of Oregon, Plaintiff-Respondent, v. Scott Russell KUPERUS, II, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 23, 2011.

Attorney(s) appearing for the Case

Robin A. Jones , Senior Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Appellate Division, Office of Public Defense Services.

Rene C. Holmes , Senior 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 ORTEGA, Presiding Judge, and SERCOMBE, Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

Defendant was convicted of first-degree assault, ORS 163.185, and second-degree assault, ORS 163.175, based on an incident in which he bit off a portion of the victim's ear. He appeals, contending that the trial court erred in denying his motion for judgment of acquittal on each offense. First, defendant argues that he could not be convicted for first-degree assault, because defendant's teeth are not considered a "dangerous weapon." Second, defendant...

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