STATE v. NEFF

210825614; A141960.

265 P.3d 62 (2011)

246 Or. App. 186

STATE of Oregon, Plaintiff-Respondent, v. Shane Michael NEFF, Defendant-Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted En Banc August 17, 2011.

Decided October 26, 2011.


Attorney(s) appearing for the Case

Bronson D. James , Portland, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Laura S. Anderson , Assistant Attorney General, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, David B. Thompson , Interim Solicitor General, and Linda Wicks , Assistant Attorney General.

Before BREWER, Chief Judge, and HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, SERCOMBE, NAKAMOTO, and EDMONDS, Judges.


BREWER, C.J.

Defendant appeals his conviction for unlawfully obtaining the contents of a communication, ORS 165.540(1)(c), assigning error to the trial court's denial of his motion for a judgment of acquittal. According to defendant, the statute proscribes obtaining a conversation only when not all of the participants have been specifically informed that the conversation is being obtained. It follows, defendant reasons, that he did not commit a crime by using his...

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