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STATE v. NOLEN

C090410CR; A142244.

260 P.3d 810 (2011)

244 Or. App. 635

STATE of Oregon, Plaintiff-Respondent, v. John William NOLEN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 3, 2011.

Attorney(s) appearing for the Case

Susan F. Drake, Senior Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Pamela J. Walsh, Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Mary H. Williams, Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

A jury convicted defendant of criminal mistreatment in the first degree, ORS 163.205, and felony assault in the fourth degree, ORS 163.160(3), as the result of an altercation with his mother. On appeal, he challenges only the conviction for criminal mistreatment, arguing, among other things, that there is insufficient evidence to sustain it. We agree and therefore reverse that conviction.

We state the facts most favorably to the state, both because...

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