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STATE v. CESPEDES-RODRIGUEZ

A144008; 090747995.

294 P.3d 493 (2012)

253 Or. App. 698

STATE of Oregon, Plaintiff-Respondent, v. Edward Martin CESPEDES-RODRIGUEZ, aka Edward M. Cespedes, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 5, 2012.

Attorney(s) appearing for the Case

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

Pamela J. Walsh , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

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

SERCOMBE, J.

After a bench trial, defendant was convicted of failure to perform the duties of a driver, ORS 811.700. Defendant appeals, arguing that the state produced insufficient evidence to disprove his choice of evils defense beyond a reasonable doubt. We conclude that the evidence was sufficient to disprove that defense and, accordingly, affirm.

We state the facts in the light most favorable to the state. State v. Baranovich,

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