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STATE v. DELAPORTILLA

C090319CR; A143799.

279 P.3d 824 (2012)

250 Or. App. 25

STATE of Oregon, Plaintiff-Respondent, v. Jose Angel DELAPORTILLA, Defendant-Appellant.

Court of Appeals of Oregon.

Respondent's Response to Petition for Reconsideration February 15, 2012.

Decided May 16, 2012.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Jedediah Peterson , Deputy Public Defender, Office of Public Defense Services, for petition.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Jamie K. Contreras , Assistant Attorney General, for response.

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

SCHUMAN, P.J.

Defendant was convicted of one count of first-degree assault, ORS 163.185 (Count 1), one count of second-degree assault, ORS 163.175 (Count 2), two counts of third-degree assault, ORS 163.165 (Counts 3 and 5), and one count of strangulation, ORS 163.187 (Count 11). On appeal, defendant argued that the trial court erred in denying his motions for judgment of acquittal on Counts 1, 2, 3, and 5. This court concluded that the trial court erred in denying...

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