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STATE v. WOODWARD

0102-41372; A114840.

66 P.3d 556 (2003)

187 Or. App. 233

STATE of Oregon, Respondent, v. Tanya Marie WOODWARD, Appellant.

Court of Appeals of Oregon.

Decided April 3, 2003.

Attorney(s) appearing for the Case

Stephanie Hortsch, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.

Katherine H. Waldo, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Kathleen Cegla, Assistant Attorney General.

Before HASELTON, Presiding Judge, and WOLLHEIM and KISTLER, Judges.

WOLLHEIM, J.

Defendant appeals her judgment of conviction for third-degree theft of a Fred Meyer gift card. Defendant contends that the charging instrument erroneously charged defendant with theft from Fred Meyer rather than with theft from the customer who originally possessed the gift card and that, therefore, the trial court erred when it denied defendant's motion for judgment of acquittal. We examine "the evidence in the light most favorable to the state to determine...

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