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STATE v. PEDRO

08C41114; A140119.

256 P.3d 153 (2011)

242 Or. App. 366

STATE of Oregon, Plaintiff-Respondent, v. Robert James PEDRO, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 27, 2011.

Attorney(s) appearing for the Case

Shawn E. Wiley, Chief Deputy Defender, argued the cause for appellant. On the brief were Peter Gartlan, Chief Defender, and Kenneth A. Kruescher, Deputy Public Defender, Office of Public Defense Services.

Michael R. Washington, Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

BREWER, C.J.

Defendant was convicted on two counts of unlawful use of a weapon, ORS 166.220, two counts of recklessly endangering another person, ORS 163.195, and several other misdemeanor crimes. He argues on appeal that the trial court erred in denying his motion for a judgment of acquittal on one of the reckless endangerment counts and that the court erred in imposing an upward departure sentence on one of the unlawful use of a weapon counts. We reject without...

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