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STATE v. SMITH

A170791.

510 P.3d 217 (2022)

319 Or. App. 388

STATE of Oregon, Plaintiff-Respondent, v. Scott Wayne SMITH, Defendant-Appellant.

Court of Appeals of Oregon.

April 27, 2022.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Stacy M. Du Clos , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Peenesh Shah , Assistant Attorney General, filed the brief for respondent.

Before Mooney, Presiding Judge, and Pagán, Judge, and Joyce, Judge.

Defendant appeals from a judgment of conviction for second-degree intimidation. His conviction arises from an incident in which he used homophobic epithets against a group of people whom he believed to be gay, threatened to kill them, and threatened to blow up the apartment building in which the...

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