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STATE v. McATEE

080431930; A142096.

261 P.3d 1284 (2011)

245 Or. App. 233

STATE of Oregon, Plaintiff-Respondent, v. Chauncey Kinte MCATEE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 31, 2011.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Neil F. Byl , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Cecil A. Reniche-Smith , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and ROSENBLUM, Senior Judge.

ORTEGA, P. J.

Defendant appeals from a judgment of conviction of identity theft, ORS 165.800. On appeal, he assigns error to the trial court's denial of his motion for judgment of acquittal, arguing that his mere possession of a stolen identification card and credit card, without more, was not legally sufficient evidence of intent to deceive or defraud. We conclude that that evidence was legally sufficient under the circumstances...

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