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STATE v. ZISKA

(CC C092432CR) (CA A145162) (SC S060946) (Control); (CC C092075CR) (CA A146764) (SC S060995).

334 P.3d 964 (2014)

355 Or. 799

STATE of Oregon, Respondent on Review, v. Stephen Wayne ZISKA, Petitioner on Review. State of Oregon, Respondent on Review, v. Margarito Garza, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided August 7, 2014.

Attorney(s) appearing for the Case

Ernest G. Lannet , Deputy Public Defender, argued the cause and filed the brief for petitioners on review. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Matthew J. Lysne , Assistant Attorney General, argued the cause and filed the brief for respondent on review. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna Joyce , Solicitor General.

LANDAU, J.

A person commits the crime of unlawful use of a weapon if he or she "[a]ttempts to use unlawfully against another, or carries or possesses with intent to use unlawfully against another, any dangerous or deadly weapon." ORS 166.220(1)(a). The issue presented in these two consolidated cases is the meaning of the term "use" in that statute. Defendants contend that the statute applies only when a person carries or possesses a weapon with the intent to "use...

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