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STATE v. SPIVAK

DA366928; CA A80969.

880 P.2d 964 (1994)

130 Or. App. 153

STATE of Oregon, Respondent, v. James SPIVAK, Appellant.

Court of Appeals of Oregon.

Decided September 7, 1994.

Attorney(s) appearing for the Case

Ann B. Witte argued the cause and filed the brief for appellant.

R. Victoria Roe, Asst. Atty. Gen., argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

De MUNIZ, Judge.

On March 14, 1988, a group of six children were shouting obscenities in front of defendant's residence. Defendant pointed a revolver at the children to frighten them away. He was charged with six counts of violating ORS 166.190.1 A jury found him guilty on all counts. At sentencing, the court imposed three years of probation and certain firearm restrictions. Defendant appealed, and we affirmed without opinion. State...

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