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STATE v. HAYES

A163890.

402 P.3d 788 (2017)

288 Or. App. 159

STATE of Oregon, Plaintiff-Respondent, v. Evan Noel HAYES, Defendant-Appellant.

Court of Appeals of Oregon.

October 4, 2017.

Attorney(s) appearing for the Case

Michael E. Rose and Creighton & Rose, P.C., filed the brief for appellant.

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

Before Egan, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge.

Defendant appeals a judgment convicting him of operating a motor vehicle while using a mobile communication device, ORS 811.507 (2013).1 He contends that there was no evidence in the record that he "used" his mobile communication device while driving in violation of ORS 811.507, and that the trial court should have...

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