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STATE v. ARNOLD

A166303.

462 P.3d 753 (2020)

302 Or. App. 765

STATE of Oregon, Plaintiff-Respondent, v. David Ray ARNOLD, Defendant-Appellant.

Court of Appeals of Oregon.

March 11, 2020.

Attorney(s) appearing for the Case

Brett J. Allin , 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.

Kirsten M. Naito , Assistant Attorney General, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and E. Nani Apo , Assistant Attorney General.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

Defendant appeals from a judgment of summary contempt, ORS 33.096, assigning error to the trial court's finding of summary contempt based on conduct that the court did not personally observe. We conclude that the court erred by summarily finding defendant in contempt because defendant's misconduct was not within "the immediate view and...

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