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STATE v. ENGLE

115573FE; A153188.

373 P.3d 1191 (2016)

278 Or. App. 54

STATE of Oregon, Plaintiff-Respondent, v. Justin James ENGLE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 4, 2016.

Attorney(s) appearing for the Case

Robin A. Jones , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Peenesh H. Shah , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before ARMSTRONG, Presiding Judge, and HADLOCK, Chief Judge, and EGAN, Judge.

A jury found defendant guilty of a number of crimes, including assault in the second degree, ORS 163.175, which is the only conviction that defendant challenges on appeal. During defendant's trial, the state called a witness to the charged assault. The witness was unable to identify anyone in the courtroom, including defendant, as the person...

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