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STATE v. WAKEFIELD

A162917.

425 P.3d 491 (2018)

292 Or. App. 694

STATE of Oregon, Plaintiff-Respondent, v. Rachael Dawn WAKEFIELD, Defendant-Appellant.

Court of Appeals of Oregon.

July 5, 2018.

Attorney(s) appearing for the Case

Stacy M. Du Clos, Deputy Public Defender, argued the cause for appellant. On the opening brief were Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Vanessa Areli, Deputy Public Defender, Office of Public Defense Services. Also on the reply brief was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Michael A. Casper, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before Hadlock, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge.

Defendant was convicted of recklessly endangering another person, ORS 163.195, for using a slingshot to shoot a marble at a vacant bus shelter. No one was in the bus shelter at the time, and the only people in the general vicinity were some distance away in a parking lot. The trial court denied defendant's motion for judgment of acquittal...

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