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STATE v. ROLFE

A165455.

468 P.3d 503 (2020)

304 Or. App. 461

STATE of Oregon, Plaintiff-Respondent, v. Tanya Faith ROLFE, Defendant-Appellant.

Court of Appeals of Oregon.

June 3, 2020.

Attorney(s) appearing for the Case

Matthew Blythe , Deputy Public Defender, argued the cause for appellant. Also on the briefs 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 Peenesh Shah , Assistant Attorney General.

Before Lagesen, Presiding Judge, and DeVore, Judge, and James, Judge.

At the start of defendant's jury trial for the misdemeanor of violating a stalking protective order (SPO), ORS 163.750, the state's theory of the case was that defendant sent the victim, B, a message two days after being served notice of the SPO. After defendant testified that she sent the message before receiving notice, and defense...

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