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STATE v. PINE

(CC 980736296; CA A105917; SC S49611).

82 P.3d 130 (2003)

336 Or. 194

STATE of Oregon, Respondent on Review, v. Todd Anthony PINE, Petitioner on Review.

Supreme Court of Oregon.

Decided December 26, 2003.

Attorney(s) appearing for the Case

Monica L. Finch, Deputy Public Defender, Salem, argued the cause for petitioner on review. With her on the petition for review was David E. Groom, Acting Executive Director. With her on the brief on the merits was Peter A. Ozanne, Executive Director.

Brendan C. Dunn, Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.

CARSON, C.J.

In this criminal case, we must determine whether a defendant who provides on-the-scene aid to another person committing an assault, but who personally does not cause physical injury to the victim, nonetheless can be convicted of third-degree assault under ORS 163.165(1)(e), set out post. A jury convicted defendant under that statute, and the Court of Appeals affirmed by an equally divided court. State v. Pine, 181 Or.App...

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