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STATE v. SMITH

A170791.

510 P.3d 217 (2022)

319 Or. App. 388

STATE of Oregon, Plaintiff-Respondent, v. Scott Wayne SMITH, Defendant-Appellant.

Court of Appeals of Oregon.

April 27, 2022.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Stacy M. Du Clos, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Peenesh Shah, Assistant Attorney General, filed the brief for respondent.

Before Mooney, Presiding Judge, and Pagán, Judge, and Joyce, Judge.

Defendant appeals from a judgment of conviction for second-degree intimidation. His conviction arises from an incident in which he used homophobic epithets against a group of people whom he believed to be gay, threatened to kill them, and threatened to blow up the apartment building in which the...

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