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STATE v. BAX

C101720CR; A148689.

323 P.3d 303 (2014)

261 Or. App. 85

STATE of Oregon, Plaintiff-Respondent, v. Ryan Nathaniel BAX, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 12, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Jonah Morningstar , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Jeremy C. Rice , Assistant Attorney General, filed the brief for respondent.

Before DUNCAN, Presiding Judge, and TOOKEY, Judge, and SCHUMAN, Senior Judge.

TOOKEY, J.

Defendant was charged with criminal mischief in the second degree under ORS 164.354(1)(b).1 The indictment alleged that defendant, "having no right to do so nor reasonable ground to believe that [he] had such right, did unlawfully and intentionally damage property of [another person]." The charge was tried to the court, which found defendant guilty of criminal mischief in the third...

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