STATE v. KO

C090146CR; A142884.

263 P.3d 1082 (2011)

245 Or. App. 403

STATE of Oregon, Plaintiff-Respondent, v. JOON BUM KO, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 8, 2011.


Attorney(s) appearing for the Case

Garrett A. Richardson filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Laura S. Anderson , Senior 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 three counts of violating a court's stalking protective order (SPO), ORS 163.750. Defendant assigns error to the denial of his motion for a judgment of acquittal on Count 3 and the failure to give a requested jury instruction on Counts 2 and 4. Because the statement at issue did not constitute an unequivocal threat that would instill a fear of imminent, serious violence, we reverse as to Count 3. We affirm...

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