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STATE v. OSBORNE

09021982C; A142152.

255 P.3d 513 (2011)

242 Or. App. 85

STATE of Oregon, Plaintiff-Respondent, v. Matthew Mario OSBORNE, aka Matthew Mario Avila, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 13, 2011.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Meredith Allen , Senior Deputy Public Defender, and Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, David B. Thompson , Interim Solicitor General, and Pamela J. Walsh , Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

BREWER, C.J.

Defendant appeals from his conviction for robbery in the first degree, ORS 164.415, arguing that the trial court erred in denying his motion for a judgment of acquittal. Defendant reasons that, because he only held a knife in his hand as he demanded money from a store clerk, he only "threatened" to use the knife and did not "use[ ] or attempt[ ] to use" the knife as required by ORS 164.415(1)(b). We affirm...

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