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STATE v. SIMMONS

A175188.

516 P.3d 1203 (2022)

321 Or. App. 478

STATE of Oregon, Plaintiff-Respondent, v. Shawn Michael SIMMONS, Defendant-Appellant.

Court of Appeals of Oregon.

August 31, 2022.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Peter G. Klym, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Erica L. Herb, Assistant Attorney General, filed the brief for respondent.

Before James, Presiding Judge, and Aoyagi, Judge, and Joyce, Judge.

Defendant was convicted of one count of identity theft, a Class C felony, ORS 165.800 (Count 1), and one count of theft of services valued at $100 or more and less than $1,000, a Class A misdemeanor, ORS 164.125(5)(b) (Count 2), in connection with his opening a Comcast account in his ex-wife's maiden name. On appeal, as to the identity...

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