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STATE v. NIX

CRH090155; A145386.

283 P.3d 442 (2012)

251 Or. App. 449

STATE of Oregon, Plaintiff-Appellant, v. Arnold Weldon NIX, Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 1, 2012.

Attorney(s) appearing for the Case

Jamie K. Contreras , Assistant Attorney General, argued the cause for appellant. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

David J. Celuch , Portland, argued the cause and filed the brief for respondent.

Scott A. Heiser filed the brief amicus curiae for Animal Legal Defense Fund.

Before BREWER, Presiding Judge, and HASELTON, Chief Judge.

BREWER, P.J.

The state appeals from a judgment merging guilty verdicts against defendant that the jury rendered on 20 counts of second-degree animal neglect, ORS 167.325, into a single conviction under ORS 161.067(2).1 The trial court concluded that defendant's repeated violations of ORS 167.325 did not involve "two or more victims" because animals are not victims under ORS 161.067(2). Accordingly, this case presents the question of whether...

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