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STATE v. OIDOR

090833172; A145040.

292 P.3d 629 (2012)

254 Or. App. 12

STATE of Oregon, Plaintiff-Respondent, v. Jose Aurelio OIDOR, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 12, 2012.

Attorney(s) appearing for the Case

Erik M. Blumenthal , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Rolf C. Moan , 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 a judgment convicting him of unlawful sound recording (the sound-recording count), ORS 164.865, and unlawful labeling of a sound recording (the unlawful-labeling count), ORS 164.868. He assigns error to the trial court's denial of his motion to dismiss the sound-recording count on the ground that the statute on which it is based, ORS 164.865(1)(b), is preempted by federal copyright law; to its denial of his motion for a judgment of...

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