STATE v. BLAN

11P3456; A153637.

358 P.3d 316 (2015)

272 Or. App. 721

STATE of Oregon, Plaintiff-Respondent, v. Shaine Anthony BLAN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 12, 2015.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Neil F. Byl , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Andrew M. Lavin , Senior Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and DeVORE, Judge, and GARRETT, Judge.


Defendant appeals a judgment of conviction for one count of third-degree assault, ORS 163.165, assigning error to the denial of his motion for judgment of acquittal. He specifically argues that ORS 163.165 requires evidence that he used a weapon which made direct physical contact with the victim and that the state failed to proffer...

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