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STATE v. MATHIS

07C50407; A138463.

234 P.3d 150 (2010)

235 Or. App. 691

STATE of Oregon, Plaintiff-Respondent, v. Dontae Eugene MATHIS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 16, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Bronson James, Chief Deputy Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Tiffany Keast, Assistant Attorney General, filed the brief for respondent.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

PER CURIAM.

Defendant was convicted of tampering with a witness, among other crimes. On appeal, defendant contends that the trial court erred in denying his motion for a judgment of acquittal as to witness tampering because, at the time that he attempted to induce the witness to lie to the district attorney, there was no "official proceeding" pending. See ORS 162.285(1) ("A person commits the crime of tampering with a witness if: (a) The person knowingly induces...

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