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STATE v. MILLER

A170947 (Control) A170945 A170946.

488 P.3d 830 (2021)

311 Or. App. 680

STATE of Oregon, Plaintiff-Respondent, v. Tyler James MILLER, aka Tyler James Lupoli, aka Tyler Miller, Defendant-Appellant.

Court of Appeals of Oregon.

May 26, 2021.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Joshua B. Crowther , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Patricia G. Rincon , Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Shorr, Judge, and Powers, Judge.

Defendant appeals from a judgment convicting him of two counts of fourth-degree assault, ORS 163.160. He assigns error to the trial court's denial of his motion for judgment of acquittal on both counts, arguing that the evidence was insufficient to prove the required element of "substantial pain." We agree with the state that the evidence...

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