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STATE v. ROBERTS

A163221.

436 P.3d 57 (2019)

295 Or.App. 670

STATE of Oregon, Plaintiff-Respondent, v. Kaili Jo ROBERTS, aka Kaili J. Roberts, Defendant-Appellant.

Court of Appeals of Oregon.

January 16, 2019.

Attorney(s) appearing for the Case

Eric Johansen , Deputy Public Defender, argued the cause for appellant. Also on the brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

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

Before Lagesen, Presiding Judge, and DeVore, Judge, and Landau, Senior Judge.

The statute on first-degree criminal mistreatment, ORS 163.205(1)(b), sanctions a defendant who unlawfully takes or appropriates money or property from an elderly or dependent person if the defendant had a "legal duty to provide care" for the elderly or dependent person. After judgment of conviction on a number of offenses, defendant...

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