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STATE v. KOWALSKIJ

090632573, 091034174; A144734 (Control), A144735.

291 P.3d 802 (2012)

253 Or. App. 669

STATE of Oregon, Plaintiff-Respondent, v. Darin J. KOWALSKIJ, aka Darin John Kowalski, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 5, 2012.

Attorney(s) appearing for the Case

Stephanie J. Hortsch , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Shannon T. Reel , 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 SERCOMBE, Judge, and EDMONDS, Senior Judge.

ORTEGA, P.J.

Defendant in this consolidated case was convicted of several counts of identity theft, ORS 165.800, and mail theft, ORS 164.162. On appeal, defendant contends that the trial court erred in denying his motion for judgment of acquittal on one of the identity theft charges. Specifically, he argues that the court should have granted his motion because he was erroneously charged with unlawfully obtaining the personal identification of the Oregon Department...

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