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STATE v. SHARP

120096M; A151911.

323 P.3d 519 (2014)

261 Or. App. 554

STATE of Oregon, Plaintiff-Respondent, v. Lee Ray SHARP, Defendant-Appellant.

Court of Appeals of Oregon.

Filed March 5, 2014.

Attorney(s) appearing for the Case

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

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Matthew J. Lysne , Assistant Attorney General, filed the brief for respondent.

Before DUNCAN, Presiding Judge, and NAKAMOTO, Judge, and DeVORE, Judge.

PER CURIAM.

Defendant appeals a judgment convicting him of resisting arrest (Count 1) and two counts of attempted assault of a public safety officer (Counts 3 and 4). Defendant assigns error to the trial court's denial of his motion for judgment of acquittal on Count 3. Following State v. Mills, 354 Or. 350, 312 P.3d 515 (2013), we reverse as to Count 3 and remand for resentencing but otherwise...

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