STATE v. WIGGINS

13CR0858FE; A154895.

358 P.3d 318 (2015)

272 Or. App. 748

STATE of Oregon, Plaintiff-Respondent, v. James Michael WIGGINS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 12, 2015.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Morgen E. Daniels , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Michael A. Casper , Senior Assistant Attorney General, filed the brief for respondent.

Before DUNCAN, Presiding Judge, and LAGESEN, Judge, and FLYNN, Judge.


Defendant appeals a judgment of conviction for, among other things, first-degree criminal mischief, arguing that the charge never should have been submitted to the jury after the prosecutor conceded the insufficiency of the state's proof. We agree with defendant and reverse and remand for entry of judgment on the lesser-included offense...

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