State v. Berry

242 P.3d 666 (2010)

238 Or. App. 277

STATE of Oregon, Plaintiff-Respondent,

v.

Matthew Blake BERRY, Defendant-Appellant.

200815811; A140267.

Court of Appeals of Oregon.

Argued and Submitted August 25, 2010.

Decided October 27, 2010.

Bear Wilner-Nugent, Portland, argued the cause and filed the briefs for appellant.

Harry B. Wilson, Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

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

ROSENBLUM, J.

Defendant was charged with one…