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STATE v. SCHMIDT (PC)

D101082M, C090423CR; A145747.

273 P.3d 333 (2012)

248 Or. App. 475

STATE of Oregon, Plaintiff-Respondent, v. Christopher Alan SCHMIDT, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 29, 2012.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and David Sherbo-Huggins, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Mary H. Williams, Solicitor General, and Janet A. Klapstein, Senior Assistant Attorney General, filed the brief for respondent.

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

PER CURIAM.

Defendant was convicted of two counts of violating a stalking protective order based on two emails that defendant sent to his former girlfriend. ORS 163.750. On appeal, the state concedes that the evidence was insufficient to prove that defendant's contacts "created reasonable apprehension regarding the personal safety of a person protected by the order," ORS 163.750(1)(c), a required element of the offense where...

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