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STATE v. IRVING

84-858-M; CA A34782.

703 P.2d 983 (1985)

STATE of Oregon, Respondent, v. Kenneth Richard IRVING, Appellant.

Court of Appeals of Oregon.

Argued and Submitted June 19, 1985.

Attorney(s) appearing for the Case

Michael L. Mowrey, Grants Pass, argued the cause for appellant. With him on the brief was Burrows, Simcoe & Mowrey, Grants Pass.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

PER CURIAM.

Defendant appeals his conviction for furnishing alcohol to a minor. ORS 471.410(2). He argues, inter alia, that his conviction in a trial to the court was based on the trial court's manifest misunderstanding of a key piece of testimony by the minor. The state concedes this point, noting in its brief:

"The defendant was the sole renter of the house [where the alcohol was furnished]. On the night in question a number of minors were in the...

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