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STATE v. CALDWELL

100342639; A145511.

270 P.3d 341 (2011)

247 Or. App. 372

STATE of Oregon, Plaintiff-Respondent, v. Terry Dion CALDWELL, aka Terry Caldwell, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 29, 2011.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Jonah Morningstar , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Douglas F. Zier , Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

HASELTON, P.J.

Defendant appeals a judgment of conviction, following a bench trial, for two counts of contempt for violating a restraining order issued pursuant to the Family Abuse Prevention Act, ORS 107.700 to 107.735. On appeal, he contends that the trial court erred in denying his motion for judgment of acquittal (MJOA) as to one of those counts. For the reasons stated below, we reverse.

Viewed most favorably to the state, State v. Burgess,

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