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STATE v. OPITZ

09C48141; A146084.

301 P.3d 946 (2013)

256 Or. App. 521

STATE of Oregon, Plaintiff-Respondent, v. Marvin OPITZ, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 15, 2013.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Ryan T. O'Connor , Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Jeremy C. Rice , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and HASELTON, Chief Judge, and SERCOMBE, Judge.

HASELTON, C.J.

Defendant appeals, challenging, inter alia, his conviction for first-degree kidnapping, ORS 163.235, assigning error to the trial court's denial of his motion for judgment of acquittal (MJOA) and entry of conviction on that charge.1 Defendant contends that the state did not adduce sufficient evidence to allow the trial court to find either of the conjunctive, requisite elements of ORS 163.225 beyond a reasonable doubt...

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