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STATE v. PIPKIN

200904318; A142469.

261 P.3d 60 (2011)

245 Or. App. 73

STATE of Oregon, Plaintiff-Respondent, v. Bruce Lynn PIPKIN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 17, 2011.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Elizabeth Corbridge Ranweiler , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Greg Rios , Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

SCHUMAN, P.J.

Defendant was convicted of one count of first-degree burglary, ORS 164.225, one count of fourth-degree assault, ORS 163.160(3), and one count of menacing, ORS 163.190. His first argument on appeal is that the trial court erred in denying his motion for judgment of acquittal on the assault count because the record did not contain evidence that he caused physical injury to another, one element of that crime. Defendant also argues that, under State v...

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