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STATE v. SCHNEIDER

D093299M; A143746.

265 P.3d 36 (2011)

246 Or. App. 163

STATE of Oregon, Plaintiff-Respondent, v. Paul William SCHNEIDER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 19, 2011.

Attorney(s) appearing for the Case

Zachary L. Mazer, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Shannon Terry Reel argued the cause for respondent. On the brief were John R. Kroger, Attorney General, Mary H. Williams, Solicitor General, and Inge D. Wells, Senior Assistant Attorney General.

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

NAKAMOTO, J.

Defendant appeals a judgment of conviction of second-degree criminal trespass, ORS 164.245. On appeal, he assigns error to the trial court's denial of his motion for a judgment of acquittal. We reverse.

We review the denial of a motion for judgment of acquittal to determine whether, viewing the evidence in the light most favorable to the state, a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt...

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