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STATE v. BLACK

A173776.

512 P.3d 866 (2022)

320 Or. App. 263

STATE of Oregon, Plaintiff-Respondent, v. Michael James BLACK, Defendant-Appellant.

Court of Appeals of Oregon.

June 8, 2022.

Attorney(s) appearing for the Case

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

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

Before Tookey, Presiding Judge, and Egan, Judge, and Kamins, Judge.

Defendant appeals a judgment of conviction for second-degree intimidation, ORS 166.155(1)(c)(A) (2017), amended by Or. Laws 2019, ch. 553, § 1 (Count 1),1 and menacing, ORS 163.190 (Count 2). Defendant was charged with both offenses based on an incident in which defendant yelled a racial slur at the...

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