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STATE EX REL. JUVENILE DEPT. v. GARRETT

J890668; A121099.

91 P.3d 830 (2004)

193 Or. App. 629

In the Matter of Jason M. Garrett, a Youth. STATE ex rel. JUVENILE DEPARTMENT OF MARION COUNTY, Respondent, v. Jason M. GARRETT, Appellant.

Court of Appeals of Oregon.

Decided June 9, 2004.

Attorney(s) appearing for the Case

George Kelly, Eugene, argued the cause for appellant. On the brief was Keliang Zhu, Salem.

Christina M. Hutchins, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

LANDAU, P.J.

Youth appeals an order of disposition that found that he had committed acts that, if committed by an adult, would constitute unlawful manufacturing of a destructive device. ORS 166.384. He challenges the sufficiency of the evidence, arguing that the state failed to prove beyond a reasonable doubt that he possessed a "destructive device." According to youth, at best, he possessed a lawful firework, which is expressly excluded from the statutory definition...

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