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STATE v. GIVEN

A179860.

555 P.3d 828 (2024)

334 Or. App. 51

STATE of Oregon, Plaintiff-Respondent, v. Allen Michael GIVEN, Defendant-Appellant.

Court of Appeals of Oregon.

July 31, 2024.

Attorney(s) appearing for the Case

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

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jeff J. Payne, Assistant Attorney General, filed the brief for respondent.

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

The victim (a Black man), his fiancé, and three kids (at least two of which are biracial) were at a park feeding ducks, when defendant ran towards them with a skateboard in hand. Standing about 30 feet away, defendant called the victim a racial slur and made a throwing motion with his skateboard towards the family.

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