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STATE v. JOHNSON

No. 200902347; A143312.

280 P.3d 1026 (2012)

250 Or. App. 429

STATE of Oregon, Plaintiff-Respondent, v. John Brian JOHNSON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 13, 2012.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Anne Fujita Munsey , Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Janet A. Klapstein , Senior Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and BREWER, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Defendant appeals a judgment of conviction for unlawful possession of a destructive device, ORS 166.382. That statute defines the crime of unlawful possession of a destructive device to include possession of "[a]ny of the following devices with an explosive, incendiary or poison gas component: * * * [b]omb." ORS 166.382(1)(a)(A). Defendant assigns error to the trial court's denial of his motion for judgment of acquittal, asserting that there was insufficient...

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