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STATE v. FITZHUGH

101231; A149719.

317 P.3d 371 (2013)

260 Or. App. 401

STATE of Oregon, Plaintiff-Respondent, v. Christopher Scott FITZHUGH, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 26, 2013.

Attorney(s) appearing for the Case

Morgen E. Daniels , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Erin C. Lagesen , Assistant Attorney General, argued the cause for respondent. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

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

HADLOCK, J.

Defendant appeals his conviction for murder by abuse, ORS 163.115(1)(c).1 One of the charged elements of that crime is that the victim have been a "dependent person," defined as "a person who because of either age or a physical or mental disability is dependent upon another to provide for the person's physical needs." ORS 163.205(2)(b). At issue in this appeal is whether the victim had a "physical * * * disability" as that...

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