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STATE v. HERNANDEZ

A159767.

385 P.3d 1278 (2016)

282 Or.App. 627

STATE of Oregon, Plaintiff-Respondent, v. Aracely HERNANDEZ, aka Aracely Hernandez-Guifarro, Defendant-Appellant.

Court of Appeals of Oregon.

November 30, 2016.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Kyle Krohn, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Greg Rios, Assistant Attorney General, filed the brief for respondent.

Before Sercombe, Presiding Judge, and Flynn, Judge, and DeHoog, Judge.

PER CURIAM

In this criminal case, a jury found defendant guilty of third-degree theft. ORS 164.043. She appeals the resulting judgment of conviction.

The circumstances underlying this case are as follows. The complainant was playing video poker in a pizza restaurant. He put $100 into a video-poker machine and, shortly thereafter, briefly left the room to help his wife with their baby. When the complainant returned to the room, he found that someone...

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