State v. Nahimana

Defendant appeals from a judgment convicting him of two counts of violating a final stalking protective order (SPO), ORS 163.750 (Counts 3 and 4), and one count of stalking, ORS 163.732 (Count 5), based on two electronic communications sent from defendant’s MySpace account to the victim’s account. He argues that the trial court erred in denying his motion for a judgment of acquittal as to each of those counts on the ground that the contacts were protected speech under Article I, section 8, of the Oregon Constitution and did not constitute a “threat” as required under State v. Rangel, 328 Or…