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STATE v. CADGER

10CR1731FE; A147651.

312 P.3d 559 (2013)

259 Or. App. 30

STATE of Oregon, Plaintiff-Respondent, v. Aaron Frank CADGER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 16, 2013.

Attorney(s) appearing for the Case

David Sherbo-Huggins , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Jeff J. Payne , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

NAKAMOTO, J.

Defendant appeals a judgment of conviction for escape in the second degree from a "correctional facility," ORS 162.155(1)(c). He assigns error to (1) the trial court's denial of his motion for judgment of acquittal and (2) the trial court's jury instructions. We hold, in light of our recent decision in State v. Gruver, 258 Or.App. 549, 310 P.3d 728 (2013), that the court erroneously...

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