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STATE v. WAKEFIELD

A162917.

425 P.3d 491 (2018)

292 Or. App. 694

STATE of Oregon, Plaintiff-Respondent, v. Rachael Dawn WAKEFIELD, Defendant-Appellant.

Court of Appeals of Oregon.

July 5, 2018.

Attorney(s) appearing for the Case

Stacy M. Du Clos , Deputy Public Defender, argued the cause for appellant. On the opening brief were Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Vanessa Areli , Deputy Public Defender, Office of Public Defense Services. Also on the reply brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Michael A. Casper , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

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

Defendant was convicted of recklessly endangering another person, ORS 163.195, for using a slingshot to shoot a marble at a vacant bus shelter. No one was in the bus shelter at the time, and the only people in the general vicinity were some distance away in a parking lot. The trial court denied defendant's motion for judgment of acquittal...

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