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STATE v. HIGGINBOTHAM

A167754.

450 P.3d 1042 (2019)

300 Or. App. 395

STATE of Oregon, Plaintiff-Respondent, v. Adam Thomas HIGGINBOTHAM, Defendant-Appellant.

Court of Appeals of Oregon.

October 30, 2019.

Attorney(s) appearing for the Case

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

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Jennifer S. Lloyd , Assistant Attorney General, filed the brief for respondent.

Before Lagesen, Presiding Judge, and Egan, Chief Judge, and Powers, Judge.

PER CURIAM

Defendant drove his daughter into the woods and severely beat her with a wooden stick. After a jury trial, he was convicted of second-degree assault (Count 1), ORS 165.175, and first-degree criminal mistreatment (Count 3), ORS 163.205. Defendant appeals and raises five assignments of error: (1) There was insufficient evidence to permit a finding that the stick was a "dangerous weapon" under ORS 161.015(1); (2) there was insufficient evidence to find...

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