STATE v. ZISKA

C092432CR; A145162.

288 P.3d 1012 (2012)

253 Or. App. 82

STATE of Oregon, Plaintiff-Respondent, v. Stephen Wayne ZISKA, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 24, 2012.


Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Deputy Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Jeremy C. Rice , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

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


ARMSTRONG, P.J.

Defendant appeals his conviction for unlawfully using a weapon, ORS 166.220, assigning error to trial court rulings that, together, constituted denial of a motion for a judgment of acquittal. Defendant argues that, although he intended to threaten the victim when he menacingly waved a crowbar over his head, he did not carry the crowbar with the intent to use it against the victim, as required by ORS 166.220(1)(a), because he did not intend to use it...

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