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STATE v. MONTGOMERY

A170563.

501 P.3d 1089 (2021)

315 Or. App. 231

STATE of Oregon, Plaintiff-Respondent, v. Gene Rae MONTGOMERY, Defendant-Appellant.

Court of Appeals of Oregon.

October 20, 2021.

Attorney(s) appearing for the Case

Sarah De La Cruz , 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.

Weston J. Koyama , Assistant Attorney General, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Inge D. Wells.

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

Defendant appeals a judgment convicting him of second-degree child neglect, ORS 163.545, resulting from an incident in which he mistakenly left his girlfriend's seven-year-old son, N, at a McDonald's restaurant. In the first of two assignments of error, defendant challenges the trial court's decision denying his motion for a judgment...

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