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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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