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STATE v. McCROREY

D042233M; A12724.

172 P.3d 271 (2007)

216 Or. App. 301

STATE of Oregon, Plaintiff-Respondent, v. Ruby Darlene McCROREY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 28, 2007.

Attorney(s) appearing for the Case

Kristin A. Carveth, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

David B. Thompson, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Rolf C. Moan, Assistant Attorney General.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

ROSENBLUM, J.

Defendant appeals a conviction, following a bench trial, for initiating a false report in violation of ORS 162.375. She argues that the trial court erred by denying her motion for a judgment of acquittal. We conclude that the trial court erroneously interpreted the statute and that the evidence presented by the state was insufficient to support defendant's conviction. Accordingly, we reverse.

The material facts are undisputed. Defendant's daughter...

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